The case was filed with respect to the exorbitant fees that were being levied by the private medical colleges in the state of Kerala. The Kerala High Court had ordered the Admission and Fee Regulatory Committee that the audited sheets should be examined to see whether the management expenditure was excluded or not.
There were 5 writ petitions filed before the Kerala High Court with regard to Rule 56 of the Kerala Education Rules and Section 2 (IV) of the Legislative Assembly (Removal of Disqualifications) Act. These laws bestowed on the teachers of aided schools the power to contest in elections. These provisions were challenged on grounds of being violative of fundamental rights.
The Court expressed its indignation by stating that “Based on a false complaint, a person is in jail for about 77 days. This Court cannot shut its eye in such situations.”
The Kerala HC held that government orders could not take away the vested right of a government employee to receive salary. The court ruled that salary could prima facie be considered as property and deferment of salaries would amount to a violation of Article 300A of the Constitution as the government order did not have sufficient legal backing.
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