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S.M. Kala and ors. Vs. University of Rajasthan and anr. - Court Judgment

SooperKanoon Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Case NumberWrit Petition Nos. 8203-8205 of 1983
Judge
Reported inAIR1987SC700; JT1987(1)SC17; 1986(2)SCALE1230; 1986Supp(1)SCC677; 1987(1)WLN30
ActsConstitution of India - Article 19(1)
AppellantS.M. Kala and ors.
RespondentUniversity of Rajasthan and anr.
Excerpt:
constitution of india - articles 19(1)(c) & 32--membership of university students council--students seeking enforcement of fundamental rights completed their studies--held, writs become infructuous.;order accordingly - p.n. bhagwati, cj. 1. these writ petitions have become infructuous since the students for the enforcement of whose fundamental right under article 19(1)(c) of the constitution these writ petitions have been filed have already completed their studies in the college and there is no longer any question of their being required compulsorily to pay the subscription for membership of the rajasthan uuniversity students council. we do not therefore propose to go into the interesting question whether the freedom of association under article 19(1)(c) also includes within it freedom not to join an association or union. that question may have to be considered at some future point of time. we would therefore make no order on these writ petitions.
Judgment:

P.N. Bhagwati, CJ.

1. These writ petitions have become infructuous since the students for the enforcement of whose fundamental right under Article 19(1)(c) of the Constitution these writ petitions have been filed have already completed their studies in the college and there is no longer any question of their being required compulsorily to pay the subscription for membership of the Rajasthan Uuniversity Students Council. We do not therefore propose to go into the interesting question whether the freedom of association under Article 19(1)(c) also includes within it freedom not to join an association or union. That question may have to be considered at some future point of time. We would therefore make no order on these writ petitions.


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