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9. The Constitution Bench of the apex court in T.M.A. Pai Foundation and Ors. v. State of Karnataka and Ors., (2002) 8 SCC 481, and later in Islamic Academy of and Ors. v. State of Karnataka, 2003 (3) KLT (SC) (SN) 88 = (2003) 6 SCC 697, held that the establishment and running of an educational institution where a large number of persons are employed as teachers or administrative staff, and an activity is carried on that results in the imparting of knowledge to the students, must necessarily be regarded as an occupation. Court held, it is difficult to comprehend that education, per se, will not fall under any of the four expressions in Article 19(1)(g). Right to establish and maintain educational institutions may also be sourced to Article 26(a), which grants, in positive terms, the right to every religious denomination or any section thereof to establish and maintain institutions for religious and charitable purposes, subject to public order, morality and health. Religious denominations or sections thereof, which do not fall within the special categories carved out in Articles 29(1) and 30(1), have the right to establish and maintain religious and educational institutions. Educational institutions set up in the State by majority communities and the minority communities have laid down various code of conduct to maintain discipline and for proper maintenance of standard of education in the educational institutions administered and managed by them. Constitutional provisions referred to herein before would give educational institutions right to administer those institutions so that it could maintain educational character and standard of such institutions. Rules and regulations have also been laid down by them so as to ensure orderly and strict administration and to secure its proper functioning as an educational institution and to ensure that funds are spent for the betterment of the institution and also to secure interest of the students. Right to administer educational institution cannot include right to maladminister and they cannot be allowed to fall below the standards of excellence expected of educational institutions.

25. Discipline is the bedrock on which an educational system is founded. In common parlance, discipline may be a state of order maintained by training and control a particular system of regulation or conduct, instructions and exercise, designed to train to proper conduct or action. Jurisprudentially examined it brings forth something more. "Obedientiaest legis essentia" obedience is the guiding force to sustain the law, rule, regulation or custom. Principal is charged with a duty, to maintain the discipline. University Laws including Mahatma Gandhi University Statutes have given considerable powers to the Principals of educational institutions to enforce discipline in the college. Educational Institutions can lay down code of conduct and guidelines to be enforced by the Principal of the educational institution. The apex court in M.H. Devendrappa v. Karnataka State Small Industries Development Corporation, (1998) 3 SCC 732), while considering the scope of Rule 22 of the Service Rules held that a proper balancing of interests of an individual as a citizen and the right of the State to frame code of conduct for its employees in the interest of proper functioning of the State is required. Rules which are directly linked to and are essential for proper discharge of duties of a public office would be protected under Article 19(1)(g) of the Constitution in public interest. Reference may also be made to the decision in P. Balakoliah v. Union of India (AIR 1958 S.C.232) and Kameshwar Prasad v. State of Bihar (AIR 1962 S.C. 1166).