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Maharshi Mahesh Yogi Vedic Vishwavidyalaya Versus State of M.P. & Ors.

2013 (7) TMI 1044 - SUPREME COURT

Amendment introduced to Sections 2, 4, 9 and 17, as well as insertion of Sections 31-A, 31-B, 31-C, 37-A, 37-B to the Maharshi Mahesh Yogi Vedic Vishwavidyalaya Adhiniyam, 1995 (Act No.37 of 1995) - The amendment was by way of Amendment Act No.5 of 2000, hereinafter called the “Amendment Act” - Held that:- Amended Section 4(1) under Act 5 of 2000 inclusive of the introduction of proviso to the said Section is ultra-vires of the Constitution and the same is liable to be set aside. - CIVIL APPEAL .....

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ons 31-A, 31-B, 31-C, 37-A, 37-B to the Maharshi Mahesh Yogi Vedic Vishwavidyalaya Adhiniyam, 1995 (Act No.37 of 1995), hereinafter referred to as 1995 Act . The amendment was by way of Amendment Act No.5 of 2000, hereinafter called the Amendment Act . 2. The Division Bench upheld the amendment to Section 4(1) of 1995 Act. The Division Bench also held that the amendment to Sections 9(2), 31-A(1) and (2), 31-B, 31-C, 37-B(a), 37-B(b), 37- B(d) and 37-B (e) are intra-vires. The Division Bench furt .....

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s. Section 37-A was held to be ultra-vires in its entirety. Section 37-B (e) was held to be not ultra-vires. 3. To understand the scope of challenge made in this appeal, the brief facts are required to be stated. The appellant is the University, which was a creation by way of a Statute viz., 1995 Act. Therefore, in the forefront, it will be better to note the scheme of the Act, which received the assent of the Governor on 25th November 1995 and was published in the Madhya Pradesh Gazette dated 2 .....

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er Section 2(u) means the appellant University. Again Section 3(1) refers to the appellant University and Section 3(2) refers to the headquarters of the University to be at village Karondi in District Jabalpur, Madhya Pradesh, providing for establishment of campuses at such other places within its jurisdiction. Under sub-section (3) to Section 3, the First Chancellor, Vice Chancellor and the first Members of the Board of Management of the Academic Council etc., has been set out. 4. The crucial s .....

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r powers such as granting diplomas and certificates; to organize and undertake extra-mural studies; conferment of honorary degree; facilities for distance education system; to recognize an institution of higher learning for such purposes as the University may determine; to recognize persons for imparting instructions in any college or institution maintained by the University; to appoint persons working in any other University or organization, as a teacher of the University for a specific period; .....

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ng professors, scholars; to confer autonomous status on a college or an institution or a department; to determine standards of admission of the University etc.; to fix quota for reserved class students; to demand and receive payment of fees and other charges; to take care of the hostels of the students with other inmates of the college; to lay down conditions of service of all categories of employees; to frame discipline; to receive benefications, gifts, etc., and to do all such other acts and t .....

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cellor can be appointed by the Board of Management and the qualification and eligibility for appointment as Chancellor. Section 10 deals with the position of the Vice Chancellor, qualification and procedure for filling up of the said post. Section 11 deals with the status of the Pro-Vice Chancellor. Sections 12, 13 and 14 deals with the position of Deans of Schools, the Registrar and the Finance Officer of the appellant University. 7. Section 15 deals with the manner of appointment, powers and d .....

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de. Section 28 deals with the preparation of annual report of the University, including the annual accounts and the balance sheet duly audited by a chartered accountant under the direction of the Board of Management. Sections 30 and 31 prescribe the procedure for appeal and arbitration in disciplinary cases against students. Section 32 deals with the creation of provident and pension funds. Section 34 deals with the constitution of committees, while Section 35 deals with the manner in which the .....

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3 of the Act. At the very outset, it must be stated that the establishment of the University itself was at the behest of Maharshi Mahesh Yogi, who was the man behind the institution and was an inspiration, if we may say so, for the establishment and effective functioning of it. The State Government came forward to pass the legislation for establishing the appellant University on his initiative and persuasion. It was his vision of spreading total knowledge on the holistic interpretation of the V .....

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iversity at his instance was to ensure that the ancient knowledge embedded in those Vedas, Upvedas, Agam Tantra, Itihas, Puranas etc., are kept intact and the wealth of knowledge contained in these Vedas, Upvedas etc., are not only spread by establishing an institution, but by teaching them through well established institutions and thereby, ensuring that such wealth of knowledge is kept intact for the future generations to come. 10. In this context, we must state that the Division Bench of the M .....

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eciate the challenge made to the amendment by the State Government with particular reference to Section 4(1) of the 1995 Act. In fact the Division Bench has dealt with the above aspects in several pages, however, for the purpose of this case, it will be sufficient if we refer to certain relevant portions of the judgment in order to get a better understanding that the concept of Vedas deals with various aspects of life, which also includes science in general, as well as human autonomy. Reference .....

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he Division Bench has also noted that in Vedas there are formulae, which deals with mathematics. The Vedic sutras enable a person to solve complex mathematical problems because of its cogency, compactness and simplicity. The Division Bench has also stated that it is a total misconception for any one to state that Vedas are only relatable to rituals. It went on to add that mathematicians have observed that while ordinary multiplication methods require many steps, in Sanskrit sutra, only one line .....

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in the deity of 'Natraj'. The empirical knowledge which has been achieved, had been perceived knowledge which has been achieved, had been perceived by the ancient 'Drastas'. The memories of cells, which is the modern discovery finds place in the wise men of the past. The Psychology, Psychiatry, Neurology had also been adverted in their own way in the Shastras. Presently scholars recognize one continuous shining background which had its base is the pure consciousness. Thoreau, th .....

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uot; 13. Again in paragraph 43, the Division Bench has highlighted how Vedic learning is also concerned with human anatomy and physiology. It mentions that Atharvaveda gives a picture of human bio-existence in a different manner. It is also stated that Vedas qua human anatomy, coincides more or less with the medical science of today. It is further mentioned that the language of interpretation may be different, but the essence of science is one and the same. The Division Bench states that the Ath .....

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that it only deals with rituals and some religious tenets and that it has nothing to do with other aspects of life. On the other hand, a detailed reference was made by the Division Bench by making an in depth study disclosing that the study of Vedas should enlighten a person in all aspects of life not necessarily restricted to religion or rituals simpliciter. 15. When we attempt to understand the intricacies of Vedas, which as stated by us earlier has been dealt with by the Division Bench in se .....

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hor. According to the writer, Gyan Vigyan can be analyzed in two ways, viz., Vishesh Gyan and Vishya Gyan. The world science has linkages with senses and hence, scientific knowledge has got its roots in senses. He would state that the traditional knowledge gets legitimacy only if it can be tested on the basis of objectivity, through the senses. He would elaborate his idea by stating that while science relies on senses, Vigyan i.e. Vishesh Gyan, can be acquired through mind . Therefore, Vigyan is .....

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d radius of mind is larger than the radius of the senses. 16. He would therefore, conclude by saying that just as senses, mind and consciousness are interconnected, the three circles of science, Vigyan and Gyan are also interconnected. It can therefore be safely stated that Gyan Vigyan would be nothing but a systematic study of science through senses, by applying one s mind with absolute consciousness. 17. Keeping the above perception about the basics of Vedas i.e., Upvedas, Agam Tantra, Itihas, .....

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Act for the purpose of establishing the appellant University. 18. One of the main themes, which was propagated by Maharshi Mahesh Yogi was that the solution of the problems in the field of education lies in developing the limitless inner potential of its students and teachers. According to him, to achieve the said goal, it was necessary to revive the ancient Vedic science and knowledge for the systematic unfolding of the full range of human consciousness. The said line of thinking of the Yogi co .....

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to highlight the valueability of the above intricate subjects, considerable investment had to be made while establishing the appellant University. 19. It was in this background that the Yogi is stated to have made an attempt for nearly four decades by repeatedly knocking at the doors of the Legislators who came forward with the Statute viz., 1995 Act for establishing the institution with the laudable object of spreading the knowledge on Vedas and its intricate subjects, through the medium of ed .....

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its commencement, it is stated that 3006 students, who received education from the University, were conferred with certificates/diplomas and degrees. In the academic year 2000-01, the student strength was stated to be 3136 and that it has also awarded Ph.D degrees to 10 students, while 70 other students were pursuing their doctorate education by enrolling themselves with the University. Amongst the 70 students who enrolled themselves for pursuing their doctorate courses in the University, 46 stu .....

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ablished for the purpose of attaining its objectives. 21. The appellant University would therefore, contend that in the field of education, though the main objective of the University was to reinforce the greatness of Vedas, Upvedas, agam tantra, itihas, darshan, upanashid, puranas etc., in as much as every other field of education was intrinsically connected with the main objective of spreading the knowledge of Vedas. It was contended that the attempt of the State Government to cripple the acti .....

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tance of the appellant to certain of the amendments, which were introduced in the said 1995 Act, by the Amendment Act. It is needless to state that education, a Constitutional right, has been explained as an essential part in every one s life. In order to understand its consequential effects on the society at large, the Father of the Nation, Mahatma Gandhi, while referring to education has stated, live as if you were to die tomorrow. Learn as if you were to live forever . Later reinforced by Nel .....

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cation emancipates the human beings and leads to liberation from ignorance. According to Pestalozzi who is a Swiss pedagogue and educational reformer stated that education is a constant process of development of innate powers of man, which are natural, harmonious and progressive. It is said that in the 21st Century, 'a nation's ability to convert knowledge into wealth and social good through the process of innovation is going to determine its future.' Accordingly the 21st Century is .....

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Today, it is principal instrument in awakening the child to cultural value, in preparing him for later professional training and in helping him to adjust normally to his environment. Hence, it is said that a child is the future of the nation. 24. A private organization, named the International Bureau of Education, was established in Geneva in 1924 and was transformed into an inter-governmental organization in 1929, as an international coordinating centre for institutions concerned with education .....

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he nation States. 25. Article 26 of the Universal Declaration of Human Rights declares: Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and Professional education shall be generally available and higher education shall be equally accessible to all on the basis of merit." (Emphasis added) 26. The same concept has been repeated in the UN Declaration of the Rights of the Child, .....

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conventions, but it also undertakes the operational programmes assuring, access to education of refugees, migrants, minorities, indigenous people, women and the handicaps. India participated in the drafting of the Declaration and has ratified the covenant. Hence, India is under an obligation to implement such provisions. As a corollary from the Human Rights perspective, constitutional rights in regard to education are to be automatically ensured. 28. Having briefly analyzed the International Co .....

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children until they complete the age of 14 years. 29. Further, Article 46 declares that the state shall promote with special care the educational and economic interests of the weaker sections of the people. It is significant to note that among several Articles enshrined under Part IV of the Indian Constitution, Article 45 had been given much importance, as education is the basic necessity of the democracy and if the people are denied their right to education, then democracy will be paralyzed; an .....

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aspirations of the people. However, the Judiciary showed keen interest in providing free and compulsory education to all the children below the age of fourteen years. In the case of Mohini Jain V State of Karnataka and others - (1992) 3 SCC 666, this Court held that right to education is a fundamental right enshrined under Article 21 of the Constitution. The right to education springs from right to life. The right to life under Article 21 and the dignity of the individual cannot fully be appreci .....

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education. The State Government is under an obligation to make endeavour to provide educational facilities at all levels to its citizens. 30. In the case of Unni Krishnan J.P. and others V State of Andhra Pradesh and others reported in (1993) 1 SCC 645, this Court was asked to examine the decision of Mohini Jain's case. In Unni Krishnan (supra) this Court partly overruled the decision rendered in Mohini Jain s case. The Court held that, the right to education is implicit in the right to lif .....

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Justice Mohan, as he then was, has stated as under in paragraph 10 & 11: "10. The fundamental purpose of Education is the same at all times and in all places. It is to transfigure the human personality into a pattern of perfection through a synthetic process of the development of the body, the enrichment of the mind, the sublimation of the emotions and the illumination of the spirit. Education is a preparation for a living and for life, here and hereafter. 11. An old Sanskrit adage stat .....

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able to them. In this regard, the Court held that the government should formulate programmes offering job oriented education, so that they may get education and the timings be so adjusted so that their employment is not affected. 32. Again in Bandhua Mukti Morcha V Union of India and others, reported in (1997) 10 SCC 549, Justice K. Ramaswamy and Justice Saghir Ahmad observed that illiteracy has many adverse effects in a democracy governed by a rule of law. It was held that educated citizens cou .....

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Act) Act, 2002 had added a new Article 21A, which provides that "the state shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may, by law determine". Further, they strengthened this Article 21A by adding a clause (k) to Article 51-A, which provides for those who are a parent or guardian to provide opportunities for education to his/her child or ward between the age of 6 and 14 years. On the basis of the Constitutional man .....

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nd other state specific initiatives. Besides this, several States have enacted legislations to provide free and compulsory primary education such as: The Right of Children to Free and Compulsory Education Act, 2009, The Kerala Education Act 1959, The Punjab Primary Education Act 1960, The Gujarat Compulsory Primary Education Act 1961, U.P. Basic Education Act 1972, Rajasthan Primary Education Act 1964, Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011, etc. 34. The right .....

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ia has changed socially, economically, and globally. After the 2011 census, literacy rate in India, during 2011 was found to be 74.04%. Compared to the adult literacy rate here, the youth literacy rate is about 9% higher. Though this seems like a very great accomplishment, it is still a matter of concern that still so many people in India cannot even read and write. The number of children who do not get education especially in the rural areas are still high. Though the government has made a law .....

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aby girl. So the male child gets all the benefits. Today, the female literacy levels according to the Literacy Rate 2011 census are 65.46%, where the male literacy rate is over 80%. The literacy rate in India has always been a matter of concern, but many NGO initiatives and government ads, campaigns and programs are being held to spread awareness amongst people about the importance of literacy. Also the government has made strict rules for female equality rights. Indian literacy rate has shown a .....

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s and Shaw have stated in their book Development Reconsidered It is self-evident that literacy is a basic element of a nationwide knowledge system. The most important element of a literacy program is not the program itself, but the incentive to become and remain literate. 39. Education is thus, viewed as an integral part of national development and held as an instrument by which the skills and productive capacities are developed and endowed. Literacy forms the cornerstone for making the provisio .....

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iety. It will be worthwhile to recall the control the elders could administer over the youngsters, de hors the lack of education. It is unfortunate that today education instead of reforming the human behaviour, in our humble opinion appear to have failed to achieve its objective. Instead we find troubled atmosphere in the society at large, which calls for immediate reformation with the efforts of one and all. Therefore, it has become imperative to see that the institution, the teachers, the pare .....

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41. We can usefully refer to the importance of the education as highlighted by the seven Judge Bench of this Court in P.A. Inamdar and others V. State of Maharashtra and others - (2005) 6 SCC 537. In paragraphs 81, 85 and 90, it has been held as under: 81. Education according to Chambers Dictionary is bringing up or training; … strengthening of the powers of body or mind; culture . 85. Quadri, J. has well put it in his opinion in Pai Foundation: 287. Education plays a cardinal role in tr .....

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lowing quote of the Hon'ble Supreme Court in Unni Krishnan s case sums up the importance of education; Victories are gained, peace is preserved, progress is achieved, civilisation is built up and history is made not on the battlefields where ghastly murders are committed in the name of patriotism, not in the Council Chambers where insipid speeches are spun out in the name of debate, not even in factories where are manufactured novel instruments to strangle life, but in educational institutio .....

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hich, Sections 2, 4, 9 and 17 of 1995 Act was amended, while simultaneously Sections 31-A, 31-B, 31-C, 37-A and 37-B were inserted. 44. Before adverting to the consequence of the amendments introduced to two of the crucial provisions viz., Section 4(1) and its proviso and Section 9(2) of the un-amended Act, it will have to be kept in mind that after the coming into force of the 1995 Act, the appellant University has framed its Statutes, as well as Ordinance No.15. Ordinance No.15, contains the c .....

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ell as, short term courses in various international topics such as, political science, theory of Government, theory of defense, theory of education, theory of management etc. 45. One other relevant factor to be noted is that the appellant University was added in the list of Universities maintained by the University Grants Commission, as provided under Section 2(f) of the University Grants Commission Act, 1956. The same was addressed by way of a communication to the University Grants Commission d .....

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e examine the challenge made in the writ petition, in the forefront, the challenge was to the amendment, which was made to Section 4(1) of the 1995 Act. 47. The next challenge was to the proviso to Section 4 and the third crucial challenge was to the amendment to Section 9(2) of the 1995 Act. In fact, Mr.Nagaeshwara Rao, learned senior counsel for the appellant in his submissions, mainly concentrated on the above three aspects on which the amendments impinge upon the rights of the appellant. 48. .....

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f Sanskrit as the University may, from time to time determine and to make provision for research and for the advancement and dissemination of knowledge." The amended provision reads as under:- "to provide for instruction only in all branches of Vedic learning and practices including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and the promotion and development of the study of Sanskrit as the University may from time to time determine and to make provison for research .....

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nd in these fields may… were added, while the last set of expressions dissemination of knowledge were deleted. After the amendment, the grievance of the appellant was that, prior to the coming into force of the Amendment Act viz., Act 5 of 2000, the Officer on Special Duty, in the Department of Higher Education, sent a memorandum, alleging that the course of study prescribed in Clause 1(i) and (j) of Ordinance No.15, were contrary to the aims and objectives of the University and therefore .....

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above fields and in these fields may… , the State Legislature apparently wanted to restrict the scope of providing instructions to its students only in respect of studies in branches of Vedic learning and practices, including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and also the promotion and development of study of Sanskrit, which was left to be determined by the University. It was also entitled to make provisions for research and for the advancement in the fields .....

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ions alone. The expression dissemination of knowledge is, to put it precisely, the spreading of knowledge over wide frontiers. Going by the dictionary meaning and to put it differently, dissemination of knowledge would mean spreading of knowledge widely or disbursement of knowledge widely. Therefore, the said set of expressions on their own, would only mean any attempt for spreading of knowledge or disbursement of knowledge. With the said set of expressions as originally contained in Section 4(1 .....

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general application. 51. Mr. Nageshwar Rao, learned senior counsel in his submissions took pains to contend that by reading the un-amended Section 4(1) by virtue of the word and prior to the set of expressions for the advancement and dissemination of knowledge , the learned senior counsel contended that the whole idea and purpose, while establishing the appellant University was for the cause of advancement and spreading of knowledge in a wide spectrum and not by restricting it to the field of Ve .....

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ther fields such as, science and technology and other vocational courses, by way of dissemination of knowledge. The learned senior counsel therefore, contended that by bringing out the amendment to Section 4(1), by way of an addition to the expressions only and in the above fields and in these fields may… , the State Government has violated the Constitutional right of the appellant in the field of education, thereby conflicting with Articles 14, 19 and 21 of the Constitution. 52. The lear .....

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le of 1995 Act contended that the Act was enacted to provide for education primarily and prosecution of research in Vedic learning and practices, apart from providing for matters connected therewith or incidental thereto. The submissions of the learned senior counsel was that going by the Preamble to the enactment, the purport of the legislation was to provide education in all fields in the forefront, apart from prosecution of research in Vedic learning and practices. The learned senior counsel .....

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3 (State of Rajasthan and Anr. Vs. Sripal Jain), (2001) 4 SCC 286 (M/s. Shriram Vinyl and Chemical Industries Vs. Commissioner of Customs, Mumbai) and (2002) 7 SCC 273 (Union of India (UOI) and Anr. Vs. Hansoli Devi and Ors.). 54. The learned senior counsel also referred to Section 6 of the Madhya Pradesh University Act, 1973 and contended that dissemination of knowledge is referable to spreading of knowledge in all other fields which may also include Vedic learning. The learned senior counsel a .....

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he introduction of various courses, as well as opening of centers are concerned, they are exclusively governed by the University Grants Commission Regulations, which was framed under the provisions of the University Grants Commission Act, 1956 and therefore, the introduction of the said proviso was directly in conflict with the occupied field by the University Grants Commission Act and consequently ultra-vires of the Constitutional provisions. The learned senior counsel relied upon Prof. Yashpal .....

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-I of the Constitution would equally apply to the said challenge. Besides this, he also contended that as the appellant University was created by a Statute, the amendment only seeks to interfere with its independence by casting onerous conditions on the appellant to submit a panel of three persons to the State Government, and by empowering the State Government to grant its approval as a precondition for the appointment of the Chancellor. According to the learned senior counsel such a condition i .....

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word in the legislation has a purpose and the principle Noscitur A Sociis was not applicable to the case on hand because the term dissemination of knowledge is of wider import. 58. The above proposition of law as contended by the learned senior counsel has been widely dealt with by this Court in a catena of decisions right from State of Bombay and others vs. Hospital Mazdoor Sabha and others (AIR 1960 SC 610), Rohit Pulp and Paper Mills Ltd. Vs. Collector of Central Excise (AIR 1991 SC 754), Ke .....

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xim Noscitur A Sociis, is merely a rule of construction and it cannot prevail in cases where it is clear that the wider words have been deliberately used in order to make the scope of the defined word correspondingly wider. It is only where the intention of the Legislature in associating wider words with words of narrower significance is doubtful or otherwise not clear that the present rule of construction namely Noscitur A Sociis can be usefully applied. 59. As far as the proviso to Section 4 w .....

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was related to the standard of education and not on courses. According to the learned counsel, going by the Preamble to 1995 Act, it is categorical and unambiguous to the effect that the establishment of the University was only to provide education in Vedic learning and therefore, it can only be in courses connected with Vedas. As a corollary it was submitted that any course not connected with Vedic learning will stand excluded. 61. The learned counsel submitted that even going by the unamended .....

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m, 1973 (Act 22 of 1973) in particular to the Objects and Reasons and contended by making reference to the object of the said Act, which purported to consolidate and amend the law relating to Universities and to make better provisions for the organization and administration of Universities in Madhya Pradesh. The learned counsel further contended that the various provisions of the said Act viz., Section 4(17), Section 6 (1) & (8), Sections 7, 12, 24, 25, 26 and 39 provides the required author .....

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ulation of Universities, as well as Entry 25 of List - III, which again deals with Education, including technical education, medical education and Universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I, the learned counsel contended what was taken away was only co-ordination and determination of standards of education as covered by Entries 63 to 66 and by virtue of the enabling provision in Entry 32 of List-II, which empowers the State Government for incorporating an Univ .....

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e can be questioned on the ground of lack of competence. 64. The learned counsel would contend that the amendment introduced by the State Government was in public interest, which falls squarely under Entry 32 of List-II, as well as Entry 25 of List-III and therefore, there was no repugnancy with Entry 66 of List-I of the Constitution. In support of the above submission, the learned counsel also referred to Section 2(f) of the University Grants Commission Act, 1956 and contended that the definiti .....

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Commission is to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, apart from examination and research in Universities for which it can take certain actions. In support of her submission, the learned counsel relied upon the decisions reported in AIR 1964 SC 1823 (R. Chitralekha Vs. State of Mysore), 1963 Supp (1) .....

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ions of the learned counsel for the State was that the state had competence to legislate by introducing the amendments, that the autonomy of the appellant University was also subject to the regulation by the State and that the only thing to be ensured was that such regulatory measures should be reasonable and in consonance with Article 19(1)(j) of the Constitution. 67. On the proviso to Section 4, the learned counsel contended that so long as the Centre is connected with the establishment of Uni .....

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be read conjunctively and relied upon 1987 (2) SCR 1 (Reserve Bank of India Vs. Peerless General Finance and Investment Co. Ltd., and Others) and (1987) 3 SCC 279 (Utkal Contractors and Joiners Pvt. Ltd., and Ors Vs. State of Orissa and others). 68. Having heard the learned senior counsel for the appellant, as well as the learned counsel for the State, and having bestowed our serious consideration to the respective submissions and having perused the scholarly judgment of the Division Bench and o .....

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can be preserved without the fear of loss; Education secures material pleasure, happiness and fame; Education is the teacher of the teacher; Education is God incarnate; Education secures honour at the hands of the State, not money; A man without education is equal to animal." For this very reason, we have elaborately stated the importance of education as stated by the Father of our Nation, other renowned Authors and great men in public life as well as the mindset of our Constitutional fram .....

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shed under the 1995 Act, only for the purpose of imparting education in Vedas alone, but it was intended for spreading the knowledge of Vedas and simultaneously to teach Sanskrit, science and technology and also as specifically mentioned in Section 4, for spreading of knowledge in all fields. In fact, in the pursuit of our above perception, we have quoted extensively the view points of various personalities, as well as the importance of education and the various constitutional provisions, which .....

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work of life. It also connotes the whole course of scholastic instruction which a person has received. Education connotes the process of training and developing the knowledge, skill, mind and character of students by formal schooling…. *** 33. In view of the above, it is evident that education is necessary to develop the personality of a person as a whole and in totality as it provides the process of training and acquiring the knowledge, skills, developing mind and character by formal sch .....

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nsure the smooth running of the institution so that the standard of teaching may not suffer for want of funds. 70. With the above said prelude, as regards the importance of education in an orderly society, when we come to the core issue, the appellant was aggrieved by the amendment Act 5 of 2000 by which Section 4(1) of 1995 Act was altered and thereby, the State want to contend that the appellant University can impart education only in the field of Vedic learning and practices, including Darsha .....

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skrit as the University may from time to time determine. It also mentioned that the University can make provision for research and for the advancement and dissemination of knowledge. 71. According to Mr. L. Nageshwar Rao, the learned senior counsel for the appellant, the words and preceding the expression Gyan-Vigyan , the promotion and development of study of Sanskrit , as well as for the advancement and dissemination of knowledge , have to be read disjunctively and not conjunctively with the f .....

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Act to establish and incorporate a University in the State of Madhya Pradcsh and to provide for education and prosecution of research in Vedic learnings and practices and to provide for matters connected therewith or incidental thereto." Here again, while Mr.Nageshwar Rao the learned senior counsel would contend that the expression and used clearly distinguish each set of expression, according to the learned counsel for the State, the same will have to be read conjunctively. 74. Having con .....

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lishment of the University as the Preamble goes to state was to provide for education in the forefront. It will be appropriate to hold that such a provision for education in so far as the appellant University was concerned, should concentrate and focus in the prosecution of research in Vedic learning and practices and to provide for matters connected therewith or incidental thereto. While holding so, it will have to be stated in uncontroverted terms that merely because such specific reference wa .....

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one to acquire special knowledge on such subjects. In other words, any such restrictive interpretation would go against the basic tenets of the concept of education, which no Court can venture to state. 76. In this context, we must state that if such a narrow interpretation is sought to be placed, it would even create an embargo in the prosecution of research in Vedic learning and practices. In this context, as has been widely considered and referred to by the Division Bench, which we have also .....

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is concerned with human anatomy and physiology. It was further found that there were enough materials in Vedas, which pertains to seed production, crop production, sericulture, health care, management, beauty culture, marketing and accounting. In fact, according to the Maharshi, who was the man behind the establishment of the appellant University, in order to develop the limitless inner potential of students and teachers, the only solution is education and to achieve that end, according to him, .....

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ties, colleges, schools and educational institutions. Therefore, considering the very purport and intent of the Maharshi, who relentlessly fought for the establishment of the appellant University for nearly four decades and ultimately achieved the said objective for establishing the University, it can never be held that his sole purport was only to spread vedic learning and nothing else. Therefore, in that view when we examine the respective submissions of the learned counsel we find force in th .....

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nagement, Crop Management, Human Resource Management, mathematics and other sciences for which fundamental basic provisions have been prescribed in Vedas and practices including, Darshan, Agam Tantra, Itihas, Puranas and Upvedas. 77. It will have to be stated that the expression Gyan-Vigyan was specifically mentioned in Section 4(1), not merely to make a scientific study of what is contained in Vedas, as even such a study may not fulfill the purpose for which the University was created. When we .....

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iew to study modern science and technology as it exists and study the same in consonance with the basic principles contained in Vedas and puranas. In fact, such an approach, while reading the provisions in our considered opinion, would be the proper way of reading the said provisions and not as contended by the learned counsel for the State that the study of Gyan-Vigyan should be exclusively for the purpose of understanding Vedas and Vedic principles. We have earlier explained what is Gyan Vigya .....

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s and its practices. Such a narrow interpretation will be doing violence to the whole concept of Gyan Vigyan, which as explained by Dr. Subash Sharma, is the combination of human senses, mind and consciousness, which should be applied to every aspect of human life, which would include all other academic subjects viz., science, mathematics, philosophy, management, etc. 78. In this context, when we refer to the expression promotion and development of the study of Sanskrit as the University may fro .....

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urpose of providing education in the field of science and technology, intensive learning of Sanskrit and provision for research in every other field for the advancement and disbursement of knowledge. 79. We are of the considered opinion that only such an interpretation to the un-amended Section 4(1) would be the only way of interpretation that can be accorded to the said provision. Once, we steer clear of the interpretation of the said provision in the above said manner, we find that the amendme .....

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the study on various courses in the appellant University was consciously approved by the State Government without any inhibition. A perusal of the course contents in the Ordinance discloses that there were as many as 49 courses connected with Vedic learning and practices and about 33 courses on other subjects. By introducing the amendment under Act 5 of 2000 and thereby, insisting that imparting of education in the appellant University can be restricted only to Vedic learning and that the scien .....

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lly interfered with the right to education sought to be advanced by the University by its creation originally under the 1995 Act, which restriction now sought to be imposed can never be held to be a reasonable restriction, nor can it be held to have any rationale, while creating such a restriction by way of an amendment to Section 4(1). 80. Having regard to our fundamental approach to the issue raised in this appeal and our conclusion as stated above, we are convinced that the arguments based on .....

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Law. To support our conclusion, we wish to refer to the following decisions rendered by this Court, right from Mohini Jain case, viz., (i) Society for Unaided Private Schools of Rajasthan v. Union of India- (2012) 6 SCC 1 (ii) Bhartiya Seva Samaj Trust v. Yogeshbhai Ambalal Patel - (2012) 9 SCC 310 (iii) State of T.N. v. K. Shyam Sunder (2011) 8 SCC 737 (iv) Satimbla Sharma v. St. Paul's Sr. Sec. School (2011) 13 SCC 760 (v) Ashoka Kumar Thakur v. Union of India - (2008) 6 SCC 1; wherein, th .....

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h the said main object viz., imparting of education, would amount to an infringement of the Fundamental Right guaranteed under the Constitution. Consequently, the amendment, which was introduced under the 1995 Act to Section 4(1) and also the insertion of the proviso, has to be held ultra-vires. 81. Having arrived at the above conclusion, when we examine the stand of the State, at the very outset, we are not persuaded to accede to the submission of the learned counsel that the amendment was only .....

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the said line of reasoning of the Division Bench and the submissions on that basis cannot also be countenanced. 82. In fact, in this context, the decision relied upon by the learned counsel for the respondent State reported in (1987) 4 SCC 671 (Osmania University Teachers Association Vs. State of Andhra Pradesh and another), rather than supporting the respondent State can be usefully applied to state that dissemination of knowledge in every respect would apply to any subject and cannot be restr .....

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he academic life of the University. (Emphasis added) 83. The above sentence amply establishes that dissemination of learning is for acquisition of knowledge in every kind of discipline and that such a perception should be maintained at all cost. We therefore, hold that dissemination of knowledge as it originally stood in Section 4(1), which was deleted by way of the Amendment Act 5 of 2000, caused havoc by restricting the scope of acquisition of knowledge to be gathered by an individual from the .....

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ability of the Act. If the provision contained in the main Act are clear and without any ambiguity and the purpose of the Legislation can be thereby duly understood without any effort, there is no necessity to even look into the Preamble for that purpose. 85. In fact, the Division Bench itself has made reference to a decision of this Court in Union of India Vs. Elphinstone Spinning and Weaving Co. Ltd. and others etc., reported in AIR 2001 SC 724. The extent to which a Preamble of an Act can be .....

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diminishes on a conclusion as to clarity of enacting provisions. It is, therefore, said that the preamble is not to influence the meaning otherwise ascribable to the enacting parts unless there is a compelling reason for it. If in an Act the preamble is general or brief statement of the main purpose, it may well be of little value…. We cannot, therefore, start with the preamble for construing the provisions of an Act, though we could be justified in resorting to it nay we will be require .....

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very little value. That apart, we have noted in the earlier part of the judgment as to how even a reading of the Preamble shows the importance attached to imparting of education in the appellant University, as has been highlighted in the forefront while making a mention about the other aspects of providing scope for research oriented education on Vedas and its practices by the appellant University. 87. In the light of our above discussions, we hold that the submission of the learned counsel for .....

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niversity in imparting and spreading knowledge on every other field available, apart from providing intensive educational curriculum in Vedic learning and its practices. 88. In the light of our above conclusion, the deletion of the said expression will have to be held to be an arbitrary action of the respondent State and thereby, violating equality in law and equal protection of law as enshrined under Article 14 of the Constitution, in as much as all other Universities, which were being controll .....

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viz., the decision reported in (1987) 3 SCC 279 (Utkal Contractors and Joiners Pvt. Ltd. and Ors Vs. State of Orissa and others), in the light of our conclusions based on the context in which the 1995 Act was brought into force and the reading of Section 4(1) in the said context, the expression and used in the said Section will have to be necessarily read disjunctively. We do not find any scope to apply the said decision to the facts of this case. 90. As far as the decision reported in 1987 (1) .....

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t which makes the textual interpretation match the contextual. A statute is best interpreted when we know why it was enacted. With this knowledge, the statute must be read, first as a whole and then section by section, clause by clause, phrase by phrase and word by word. If a statute is looked at, in the context of its enactment, with the glasses of the statute-maker, provided by such context, its scheme, the sections, clauses, phrases and words may take colour and appear different than when the .....

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ng analyzed the 1995 Act on the whole along with the Preamble, the various definition clauses, Section 4(1) and the sub-clauses (ii) to (xxviii) and the provision providing for enacting the Statutes and Ordinances, we have to hold that the expression and used in Section 4(1) will have to be read disjunctively and not conjunctively. In this context, we wish to rely on the decision rendered by this Court in Prof. Yashpal and another (supra), wherein, it has been held in paragraph 17 as under: 17. .....

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words if it is necessary to prevent a conflict between two exclusive entries. (Emphasis added) 92. Besides the above two decisions, which discuss about the methodology of interpretation of a Statute, we also refer to the following decisions rendered by this Court in Ishwar Singh Bindra (supra), wherein in para 11 it has been held as under: 11……..It would be much more appropriate in the context to read it disconjunctively. In Stroud's Judicial Dictionary, 3rd Edn. it is stated .....

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s added) 93. We may also refer to para 4 of the decision rendered by this Court in (1987) 3 SCC 208 (Joint Director of Mines and Safety Vs. T & N Stone Quarries (P) Ltd.,) : 4. According to the plain meaning, the exclusionary clause in sub-section (1) of Section 3 of the Act read with the two provisos beneath clauses (a) and (b), the word and at the end of para (b) of sub-clause (ii) of the proviso to clause (a) of Section 3(1) must in the context in which it appears, be construed as or ; an .....

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ative intent manifested by the scheme of the Act which is primarily meant for ensuring the safety of workmen employed in the mines. (Emphasis added) 94. Applying the ratio as laid down in the above mentioned decisions, we are convinced that our above conclusion is fully supported by the said principles and therefore, we are not inclined to hold that the expression and used in the Preamble, as well as in Section 4 should be read conjunctively as contended by the learned counsel for the State. On .....

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pointed out by Lord Halsbury the reading of or as and is not to be resorted to, unless some other part of the same statute or the clear intention of it requires that to be done . [refer Mersey Docks and Harbour Board Vs. Henderson Bros., (1888) 13 AC 595 at pg.603 (HL)]. In fact in the case on hand we have found that though the expression and has been used, prior to the expression promotion and development of the study of Sanskrit….. and again prior to the set of expression for the advan .....

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motion and development of the study of Sanskrit and to make provision for research , were all expressions which have been used disjunctively and not conjunctively with the words Vedic learning and practice. 96. The decision relied upon by the learned senior counsel for the appellant reported in Hansoli Devi (supra), para 9 also supports the above proposition of law. Para 9 of the said decision reads as under: 9. Before we embark upon an inquiry as to what would be the correct interpretation of S .....

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o doubt true that if on going through the plain meaning of the language of statutes, it leads to anomalies, injustices and absurdities, then the court may look into the purpose for which the statute has been brought and would try to give a meaning, which would adhere to the purpose of the statute…… 97. The above said proposition of law laid down by this Court fully supports the claim of the appellant. 98. With this, when we come to the other submission of the learned counsel for th .....

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t University can at best be regulated only by the University Grants Commission, by virtue of the statutory prescription under Section 12 of the University Grants Commission Act, read along with Entry 66 of List-I of the Constitution and that the State Legislature has no competence to deal with the said issue. 99. While dealing with the above contention, the Division Bench after making a detailed reference to various Entries commencing from Entries 63 to 66 of List-I, as well as Entry 25 of List- .....

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led by the University Grants Commission. The proviso stipulating that no course should be conducted and no centers should be established and run without the prior approval of the State Government. The restriction is so far as it related to conduct of courses is concerned, the same was beyond the Legislative competence of the State Legislature. So holding thus, the Division Bench declared that the proviso so far as it related to the aspect that no course should be conducted and run without the pr .....

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nd scientific and technical institutions. There can thus be a clash between the powers of the State and that of the Union. The interplay of various entries in this regard in the three lists of the Seventh Schedule and the real import of Entry 66 of List I have been examined in several decisions of this Court. In Gujarat University v. Krishna Ranganath Mudholkar a decision by a Constitution Bench rendered prior to the Fortysecond Amendment when Entry 11 of List II was in existence, it was held th .....

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ust to the extent to which it is entrusted to the Union Parliament, whether such power is exercised or not, be deemed to be restricted. If a subject of legislation is covered by Items 63 to 66 even if it otherwise falls within the larger field of education including universities power to legislate on that subject must lie with Parliament. … Item 11 of List II and Item 66 of List I must be harmoniously construed. The two entries undoubtedly overlap: but to the extent of overlapping, the po .....

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ole gamut of the university which will include teaching, quality of education being imparted, curriculum, standard of examination and evaluation and also research activity being carried on will not come within the purview of the State Legislature on account of a specific entry on coordination and determination of standards in institutions for higher education or research and scientific and technical education being in the Union List for which Parliament alone is competent. It is the responsibili .....

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ia vests Parliament with exclusive authority in regard to coordination and determination of standards in institutions for higher education or research and scientific and technical institutions . It is obvious that neither coordination nor determination of standards is possible unless the Central Government has some voice in the determination of standards of teaching and examination in universities, both old and new. It is also necessary to ensure that the available resources are utilised to the .....

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if the law made by the State by virtue of entry 11 of List II of the Seventh Schedule to the Constitution makes impossible or difficult the exercise of the legisiative power of the Parliament under the entry "Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions" reserved to the Union, the State law may be bad. This cannot obviously be decided on speculative and hypothetical reasoning. If the impact of t .....

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ssion, it has been stipulated that it is the general duty of the Commission to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act, the Commission may hold certain enquiry and do certain other activities. In fact, .....

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mind that once the University Grants Commission Act is in force, the running of the courses and determination thereof has to be controlled by the University Grants Commission . The said sets of expressions have been more or less borrowed from the expression used in Section 12 itself. 104. When we examine the ultimate conclusion of the Division Bench that such a control by the University Grants Commission will not extend to the running of the centers, we are of the considered view that what all .....

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nd for the determination and maintenance of standards of teaching, examination and research in Universities. It also further stipulates that such a decision should be taken by the University Grants Commission for the purpose of the Universities to perform its functions under the Act. The Division Bench itself has noted that the running of the courses and determination thereof, can be controlled only by the University Grants Commission by virtue of the operation of Section 12. If it is for the Un .....

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es other than the University campus viz., in the centers or other colleges. 105. In our considered opinion, Section 12 of the University Grants Commission Act, 1956 would encompass apart from determining the course contents with reference to which the standard of teaching and its maintenance is to be monitored by the University Grants Commission, would also include the infrastructure that may be made available, either in the University or in other campuses, such as the centers, in order to ensur .....

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Srivastava (supra) while dealing with the scope of Entry 66 of List-I vis-à-vis Entry 25 of List-III, this Court considered on what basis the standard of education in an institution can be analyzed. In paragraph 36, it has been held as under: 36….. Standards of education in an institution or college depend on various factors. Some of these are: (1) The caliber of the teaching staff; (2) A proper syllabus designed to achieve a high level of education in the given span of time; (3) T .....

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The above statement of law on Entry 66 of List-I vis-à-vis Entry 25 of List-III throws much light on this issue. For instance, in the case of the appellant, while it has got its own infrastructure facilities for imparting education on various courses spelt out in Ordinance 15, which has opened up centers in various places falling within its jurisdiction viz. the State of Madhya Pradesh for imparting education on the very same courses specified in Ordinance 15. If we apply the principle sp .....

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be held that the running of centers by the appellant University would fall within the exclusive realm of Entry 66 of List - I, which would in turn be governed by Section 12 of the University Grants Commission Act and consequently the State Government to that extent should be held to lack the necessary legislative competence to meddle with such centers set up by the appellant University. 109. We therefore, hold that the entire proviso to Section 4(1) has to be held to be ultra-vires. The contenti .....

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s various centers throughout the State of Madhya Pradesh. The recurring expenditure was stated to be ₹ 11 crores. Therefore, when the appellant University has proceeded to establish its institution for the purpose of imparting education by making huge investments, a major part of which would have definitely come by way of fees collected from the students who had joined the institution aspiring for improving their educational career, in our considered opinion, it is the responsibility of th .....

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annot be dealt with so very lightly by the State, while considering for any change to be brought about in the Constitution and functioning of the appellant University. It can therefore be validly held that such expectations of the students and their parents, as well as that of the appellant University, can validly be held to be a legitimate expectation and considering the challenge made to the amendment introduced on various grounds raised at the instance of the appellant, the legitimate expecta .....

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n Vedas and the various intricate subjects, which are found in Vedas, as well as its practices, Ithihas, Puranas etc. In fact, there can be no two opinion that such an institution with such a laudable objective for imparting education in different fields based on the teachings in Vedas, was very rare and it is said that the appellant University is stated to be an unique University created and established by the founders of the said institution headed by Maharshi Mahesh Yogi. Therefore, when such .....

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running of the University in the further years and thereby, benefit very many aspirants from among the younger generation who wish to learn more and more about very many subjects by understanding such subjects based on the teachings that are found and established in Vedic learnings, its practices, Ithihas and Puranas etc. Therefore, on this ground as well, in our considered opinion, any attempt made from any quarters, which would disrupt the running of the appellant University, will only amount .....

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ellant University was deprived of its valuable right to hold very many programmes in the conduct of the course enumerated in its Ordinance 15, which consequently resulted in violation of its Constitutional, as well as Fundamental Rights in the running of its educational institutions. 112. With this, we come to the last part of the submission made on behalf of the appellant, which related to the amendment to Section 9(2) of the 1995 Act. Under the un-amended provision, after the first Chancellor .....

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