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2013 (7) TMI 1044 - SUPREME COURT

2013 (7) TMI 1044 - SUPREME COURT - 2013 AIR 744 2013 (13) SCR 464 2013 (15) SCC 677, 2013 (10) JT 223, 2013 (8) SCALE 541 - 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 introduct .....

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The challenge in the writ petition was to the 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), 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 .....

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proval of the State Government is ultra-vires, as far as, it related to the present stream of courses and the existing Centres. 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 .....

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s Board of Management , Distance Education System , Institution , Statutes and Ordinance and the definition of University under 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 .....

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d for the advancement and dissemination of knowledge. 5. Sub-clauses (ii) to (xxviii) of Section 4 refers to the various other 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 Universi .....

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nduct refresher courses; to make special arrangements for teaching women students; to appoint on contract or otherwise visiting 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 .....

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who was entitled to hold office during his lifetime. Sub-section (2) to Section 9 provides the manner in which the next Chancellor 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 Re .....

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rein. Section 25 enumerates as to how the Statues has to be made. Section 26 stipulates as to how all Ordinances should be made. 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 .....

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the above provisions of the 1995 Act, discloses that the appellant University was established and incorporated under Section 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 Univer .....

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enshrined in the Vedas, Upvedas, Agam Tantra, Itihas, Puranas, as well as Gyan-Vigyan. 9. The purport of establishing this University 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 kno .....

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ered and noted in the judgment of the Division Bench, which in our considered opinion have to be referred to in order to appreciate 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 conce .....

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of life, the way of living, the culture, sculpture, medicines and quintessence of civilization and so on and so forth. 12. The 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 .....

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ern physicists are also connecting certain theories propagated by the ancient Indians. Some scientists have seen atomic dance 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 Shast .....

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hymn the Brahamana sings." Possibly for these reasons T.S. Eliot wrote: "Mankind cannot bear too much of reality." 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 langua .....

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er to state and understand that by making reference to Vedas and its other allied subjects, one cannot arrive at a conclusion 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 .....

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d concept. We feel that it is worthwhile to make a brief reference to what has been attempted to be explained by the said author. 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 .....

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ss in terms of three concentric circles, we may observe that radius of consciousness is larger than the radius of the mind and 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 min .....

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including Gyan Vigyan and for dissemination of knowledge, as was originally thought of by the lawmakers, while enacting 1995 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 .....

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that Vedas are the structure of pure knowledge, having infinite creative potential, which an individual can harvest. In order 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 .....

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n 31.03.2000, was stated to be ₹ 12.74 crores. Besides this, the recurring expenditure was also of an equal sum. After 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 t .....

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Vedas, as well as in other science and art subjects, which according to the University were essential requirements to be established 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 .....

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and its benefits in order to appreciate the issue involved in this litigation in particular to the challenge made at the instance 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 .....

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enlarges, enriches and improves the individual s image of the future. A man without education is no more than an animal. Education 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 wea .....

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of Brown V Board of Education - 347 U.S. 483(1954), in following words: "It is the very foundation of good citizenship. 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 .....

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h the Preamble of UDHR, education should aim at promoting human rights by importing knowledge and skill among the people of the 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 bas .....

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e implementation of the right to education is just not limited to the preparation of documents and conducting conferences and 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, c .....

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ticle 45 of the Constitution requires the State to make provisions within 10 years for free and compulsory education for all 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 .....

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esponsive and sluggish attitude of the government to achieve the objectives enshrined under Article 45, belied the hopes and 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 educa .....

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he right to life under Article 21 and the dignity of an individual cannot be assured unless it is accompanied by the right to 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 overr .....

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) Beyond that stage, his right to education is subject to the limits of the economic capacity of the state. His Lordship Mr. 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 illumin .....

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op the full potential of the children, they should be prohibited from doing hazardous work and education should be made available 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 obser .....

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itution has made Right to education a basic fundamental right. 33. The Government of India by Constitutional (86th Amendment 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 o .....

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ion Programme, and Nutrition Support for Primary Education, National Open School, Mid-Day Meal Scheme, Sarva Siksha Abhiyan and 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, Rajasth .....

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tion for social and economic growth. When the British rule ended in 1947, the literacy rate was just 12%. Over the years, India 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 nu .....

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levels, it still happens. Many families, especially in rural areas believe that having a male child is better than having a baby 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 i .....

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ns of the world have also accepted their obligation to provide at least free elementary education to their citizens. 38. Owens 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 .....

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ier years, though the literate level was not as high as it now stands, the human value had its own respected place in the society. 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 reforma .....

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erly society emerges, which would pave the way for a decent and safe living for every human being who is part of the society. 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 o .....

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along with others. 90. In short, education is national wealth essential for the nation s progress and prosperity. 42. The following 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 n .....

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al, the provocation for the appellant to file the writ petition was the amendment introduced by Amendment Act 5 of 2000, by which, 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 o .....

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esigning and manufacturing, textile designing and printing, horticulture, seed production, crop production, sericulture, as well 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 U .....

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to have got themselves enrolled to pursue various courses of study. 46. Keeping the above factors and details in mind, when we 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 subm .....

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ces 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 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 .....

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endments to Section 4(1) discloses that by way of the amendment, the expression only and the expression in the above fields and 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 p .....

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by adding the word only after the expressions instruction in the opening part of the Section and by adding expression in the 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 .....

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as stated earlier, the State Legislature wanted to restrict the scope of study in the appellant University to Vedic instructions 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 .....

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xpressions, the position would be that such dissemination of knowledge would be referable only to Vedic learning and not for 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 Universit .....

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art from spreading the process of learning in the field of Vedas, the establishment of the appellant University was also in other 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 .....

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as has been made in Act 5 of 2000. 53. To support the above submission, the learned senior counsel by referring to the Preamble 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 .....

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SCC 436 (State of Orissa and Anr. Vs. Mamata Mohanty), (2012) 1 SCC 762 (Ramesh Rout Vs. Rabindra Nath Rout), AIR 1963 SC 1323 (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 i .....

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he learned senior counsel, while attacking the amendment made by introducing proviso to Section 4, contended that as far as the 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 Commi .....

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to Section 9(2) of the Act, was concerned, the learned senior counsel contended that the submission based on Entry 66 of List-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 .....

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conclusion of the Division Bench that even without the deletion, the position remains the same, was not correct because every 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 Mazd .....

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ion in CBI, AHD, Patna Vs. Braj Bhushan Prasad and others (AIR 2001 SC 4014 at page 4020). It has been held that the legal maxim 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 tha .....

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bove submissions Ms.Vibha Datta Makhija, learned counsel for the State contended that the University Grants Commission Rules 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 cour .....

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imited in scope. 62. The learned counsel also referred to the object and scope of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 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 .....

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rch and scientific and technical institutions . By referring to Entry 32 of List - II, which deals with incorporation and regulation 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 .....

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University to set up an institution by regulating the same by taking certain measures, it cannot be held that such an exercise 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, th .....

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ned counsel also referred to Section 12 of the University Grants Commission Act, 1956 to contend that the general duty of the 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, th .....

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and Tourism Department) and (2004) 4 SCC 513 (State of Tamil Nadu Vs. S.V.Bratheep). 66. The sum and substance of the submissions 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 .....

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ed. The learned counsel further contended that the word and used in the Preamble, as well as under Section (4), will have to 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 .....

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C.) in the following words: "Translation: Education is the special manifestation of man; Education is the treasure which 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 th .....

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on 4(1), reference to Vedic learning and its allied subjects was made in the opening sentence, the University was not established 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 v .....

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eunder: 29. Education is the systematic instruction, schooling or training given to the young persons in preparation for the 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 tot .....

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reason that in order to maintain the standard of education the State Government provides grant-in-aid to private schools to ensure 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 c .....

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s of Vedic learning and practices, which also mentioned Gyan-Vigyan, as well as promotion and development of the study of Sanskrit 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 , a .....

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amble in support of their submissions. When we refer to the Preamble of the 1995 Act, we find that it has been stated that an 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 s .....

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considered view that education is the base for every other subject to be taught in the process of learning. Therefore, establishment 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 incidenta .....

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versity, where, imparting of education is the primary objective and dealing with any specific subject may be for enabling any 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 lea .....

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. It has also been noted that mathematic formulae are much more concise and precise in Vedas. It is said that Vedic learning 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 l .....

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on people worldwide and implemented in public and private educational institutions in more than 20 countries through Universities, 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 an .....

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ncidental and ancillary subjects dealt with by Vedas viz., all other worldly subjects such as, Project Management, Finance Management, 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 o .....

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ae. At this juncture, the inclusion of the expression Gyan-Vigyan , will have to be understood to have been inserted with a view 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 sh .....

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n Vigyan , it will have to be held that the said expression used in Section 4(1) cannot be restricted to a mere study on Vedas 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. .....

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Sanskrit. Therefore, apart from Vedic learning and its practices, the establishment of the appellant University was for the purpose 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 p .....

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stablishing the appellant University was done away with. In this context, the framing of the Ordinance 15, which provided for 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, .....

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hese fields may........." while deleting the expression dissemination of knowledge , in our considered opinion, drastically 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 .....

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d 21 of the Constitution and consequently, such a provision by way of an amendment cannot stand the scrutiny of the Court of 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 Sharm .....

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n of Vedic learning is one of the primary objectives of the University. Any attempt on the part of the State to interfere with 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 S .....

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onflict with the basic principle of the Constitutionally protected Fundamental Right, the Right to Education and consequently 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 .....

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ill duly discharge its responsibility to the Nation and play an increasing role to bring about the needed transformation in the 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 Amendm .....

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Preamble was concerned, at the very outset, it will have to be held that the Preamble cannot control the scope of the applicability 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 .....

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on of a Section of the Act as are other relevant enacting words to be found elsewhere in the Act. The utility of the preamble 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 .....

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ng the scope and purport for which the Legislation was intended and the brief statement contained in the Preamble will be of 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 .....

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ginally incorporated in the un-amended Section 4(1) alone would serve the purpose of effective functioning of the appellant University 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 protect .....

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r the State for the proposition that the word and in the Preamble, as well as in Section 4 will have to be read conjunctively 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. W .....

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text is the texture, context is what gives the colour. Neither can be ignored. Both are important. That interpretation is best 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, prov .....

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that every word has a place and everything is in its place…. (Emphasis added) 91. Reading the said paragraph and having 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 d .....

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hey may have effect in their widest amplitude. This is subject to certain exceptions and a restricted meaning may be given to 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 .....

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the legislature it is occasionally found necessary to read the conjunctions or' and and' one for the other . (Emphasis 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 .....

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word and used at the end of clause (b) had to be read disjunctively. That construction of ours is in keeping with the legislative 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 .....

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ut you do not do it unless you are obliged because or does not generally mean and and and does not generally mean or . And as 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 e .....

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sbury, we are fortified by our conclusion that in the case on hand the expression dissemination of knowledge , as well as promotion 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 .....

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natural and ordinary sense. The words themselves alone do, in such case, best declare the intention of the lawgiver. It is no 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 .....

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he creation of courses, as well as the centers are governed by the provisions of 1995 Act and such activities of the appellant 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 .....

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nce 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 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 .....

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esearch. Entry 66 of List I is coordination and determination of standards in institutions for higher education or research and 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 .....

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3, the Court held as under: (SCR pp. 137-38) Power of the State to legislate in respect of education including universities must 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 It .....

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his Court, therefore, is that in spite of incorporation of universities as a legislative head being in the State List, the whole 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 a .....

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ion Act, 1956 (for short the UGC Act ) is illustrative and consequently it is being reproduced below: The Constitution of India 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 ex .....

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ara 7 of the decision reported in R. Chitralekha (supra) as follows: 7. …This and similar other passages indicate that 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 Un .....

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ection 12 of the University Grants Commission Act, 1956 wherein while describing the functions of the University Grants Commission, 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 .....

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ty Grants Commission i.e., the running of the Courses. The Division Bench has held to the effect we have no hesitation in our 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 .....

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ther bodies is concerned, is 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. 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 ther .....

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standard of such teaching is maintained by deciding as to whether such teaching process can be allowed to be imparted in places 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 inf .....

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t, in the same breath, such lack of competence would equally apply to the running of the centers as well. 106. In Dr. Preeti 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 calibe .....

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examinations held including the manner in which the papers are set and examined and the clinical performance is judged. 107. 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 Sta .....

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ms along with the eight items spelt out in the said paragraph. 108. In the light of the said reasoning also, it will have to 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 appella .....

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crores were spent by way of an investment and that nearly ₹ 60 crores have been spent for running the University and its 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 join .....

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Therefore, on this ground as well, it will have to be held that such expectations of the students, as well as their parents cannot 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 .....

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the appellant University at the repeated persuasion of Maharshi Mahesh Yogi was definitely to provide fullfledged education on 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 Un .....

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llant University a viable one. Such an approach alone, in our considered view, ensure the successful existence and continued 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 considere .....

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on of the learned senior counsel for the appellant while attacking the amended Section 4(1) and its proviso, by which the appellant 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 .....

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