https://kenanupa.com/bm3bVu0.P/3/pwvobtmGVoJEZODP0f2OM_TFkwz/NiT/YVyYL/TLYkxTOKTgMS1KNujuMo
top of page
Blue Sand White Beach Simple Watercolor Etsy Shop Banner.jpg

University of Madras vs Shanta Bai || AIR 1954 MAD 67 || Case Summary



University

University of Madras vs Shanta Bai Case Summary

The fact of the Case:  

Admission to Shantabai was denied due to discrimination (against women) in a State-funded University of Madras, Shantabai invoked Article 14 of the Constitution and filed a writ petition that her right against equality had been violated. 

Issues Involved:  

The main issue involved in this case was whether the University of Madras falls under the category of State defined under Article 12 of our Constitution. 

This is important why? Because Fundamental Rights can only be invoked against the State, these are enforceable against the State. If the University of Madras is not held as a State then there is no question of enforcement of the violation of her Fundamental Rights. 

The decision of the Court: 

The court used the Ejusdem Generis Principle. 

The Ejusdem Generis Principle is a legal doctrine used in the interpretation of statutes or contracts when a list of specific items is followed by more general words. The Latin term “Ejusdem generis” can be translated to mean “of the same kind” or “of the same nature.”

By using this principle, the Court held that ‘The University of Madras’ Cannot be held as a State under Article 12 of the Constitution of India. 

It is important to note that, the decision of the Court in this case was reversed in the later judgment. 

-Nidhi Verma

 

Komentáře


Blue & White Marketing Agency Advertisement Poster.jpg

Ask us for a case summary

or ask us something

  • Instagram
  • LinkedIn
bottom of page