Judicial Review of Academic Decisions

Abstract

This thesis entitled “Judicial review of academic decisions.Education in India is being increasingly controlled and guided by the courts.This study makes an attempt to assess the involvement of the court in regulating education and its role or interference in the conventional concepts of ‘academic freedom’ and ‘university autonomy.The study mostly concentrates on the jurisdiction under Article 226 of the Constitution and its invocation in academic matters with particular reference to the decisions of the Kerala High Court.The concept of judicial review in the Constituent Assembly, initial approach of the Supreme Court of India towards the doctrine, gradual empowerment of Indian judiciary in this area and the resultant judicial activism.The study proceeds through the analysis of ‘academic freedom’ and ‘university autonomy’ in the 4"‘ chapter. This chapter attempts to probe academic freedom and university autonomy in India,England and United States and autonomy of Indian universities before and after independence.Basic principles and the jurisdictional parameters of judicial review in the area of academic decisions, as pronounced by the Apex Court, can be convincingly and consistently followed by the High Courts, which is possible only if special Academic Benches are constituted.