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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 - CIVIL APPEAL NO.6736 OF 2004 - Dated:- 3-7-2013 - CHAUHAN, B.S (DR) AND KALIFULLA, FAKKIR MOHAMED IBRAHIM, JJ. J U D G M E N T Fakkir Mohamed Ibrahim Kalifulla, J. 1. This appeal is directed against the Division Bench decision of the High Court of Madhya Pradesh at Jabalpur, dated 20.03.2002, in W.P.No.1065 of 2001, in and by which, the Division Bench allowed the writ peti .....

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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 further held that the proviso to Section 4 is intra-vires, as far as it provides that no Centres shall be established without prior approval of the State Government and no centre would mean no further Centres excluding the existing ones. The Division Bench further held that the said proviso as far as it stipulated that no courses should be conducted or run without .....

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scheme of the Act, which received the assent of the Governor on 25th November 1995 and was published in the Madhya Pradesh Gazette dated 29th November 1995. The Preamble of the Act would state that it was an Act to establish and incorporate a University, in the State of Madhya Pradesh and to provide for education and prosecution of research in Vedic learnings and practices and to provide for matters connected therewith or incidental thereto. Section 2 defines the various expressions, including t .....

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ncellor, Vice Chancellor and the first Members of the Board of Management of the Academic Council etc., has been set out. 4. The crucial section is Section 4 and in particular sub-clause (1) of Section 4, which refers to the powers of the University, which specifically states that such power would provide for instruction in all branches of Vedic Learning, as well as promotion and development of the study of Sanskrit, as the University may from time to time determine and also to make provision fo .....

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the University; to appoint persons working in any other University or organization, as a teacher of the University for a specific period; to create teaching, as well as administrative posts; to co-operate or collaborate with any other University or authority; to establish other campus, special centers, specified laboratories etc., to institute and award fellowships, scholarships etc., to establish and maintain colleges and institutions; to make provision for research and advisory service; to or .....

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of service of all categories of employees; to frame discipline; to receive benefications, gifts, etc., and to do all such other acts and things as may be necessary, incidental or conducive for attainment of all or any of its objects. 6. Section 5 states that the jurisdiction of the University would extend to the whole of the State of Madhya Pradesh. The status of the Chancellor has been described in Section 9. Sub-section (1) of Section 9 recognizes the status of Maharshi Mahesh Yogi as its firs .....

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hools, the Registrar and the Finance Officer of the appellant University. 7. Section 15 deals with the manner of appointment, powers and duties of the other officers of the University, which has to be prescribed by the Statutes. Sections 17 and 18 specifically deal with the power of the Board of Management and its constitution. Section 19 deals with the Academic Council, while Section 20 deals with the Planning Board and Section 24 enumerates the powers to make Statutes and the provisions to be .....

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of provident and pension funds. Section 34 deals with the constitution of committees, while Section 35 deals with the manner in which the casual vacancies are to be filled up. The transitional provisions are specified in Section 38 of the Act. The last Section 39 stipulates that every Statute, Ordinance or Regulation made under the Act, should be published in the Official Gazette and that it should be laid down, as soon as it is made before the Madhya Pradesh Legislative Assembly. 8. A conspicuo .....

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ellant University on his initiative and persuasion. It was his vision of spreading total knowledge on the holistic interpretation of the Vedas and it must be stated that his move to propagate natural law and technology of consciousness was very laudable. It is stated that he was instrumental for establishing many such Universities at various places throughout the world. Therefore, it was his vision, as well as mission, to establish this University with the laudable object of spreading the holist .....

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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 Madhya Pradesh High Court in its scholarly judgment has dealt with the intricacies of the wealth of knowledge contained in Vedas, running for several pages and hence, we only state that the same shall be read as part and parcel of this judgment for its better understanding. 11. When we refer to the subjects dealt with in Vedas, it will be worthwhile to note the .....

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hat the concept of Vedas deals with various aspects of life, which also includes science in general, as well as human autonomy. Reference can be made to paragraph 29 and 30 of the judgment, where the Division Bench has noted the four different branches of Vedas viz., Rigveda, Samaveda, Yajurveda and Atharvaveda, along with the four Upvedas viz., Ayurveda, Gandharvaveda, Dhanurveda and Sthapatyaveda. If all these Vedas are understood in their proper perspective, we can find that they deal with va .....

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to add that mathematicians have observed that while ordinary multiplication methods require many steps, in Sanskrit sutra, only one line method is sufficient. To quote a few, the Division Bench has referred to Urdhwa , Tiryak Sutra , Ekadhiken Purva Sutra and Kalana-Kalna Sutra . A little more detailed analysis made by the Division Bench, as regards the in-depth contents in Vedas can be profitably referred to by extracting paragraph 33 of the judgment of the Division Bench, which reads as under .....

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in the Shastras. Presently scholars recognize one continuous shining background which had its base is the pure consciousness. Thoreau, the eminent thinker, realised this and expressed so through his writing, Psychological quiescence is not unknown to the ancients. The principle that there cannot be difference between the body and mind was found by them. The great American, Emerson expressed : "They reckon ill who leave me out; When me they fly I am the wings; I am the doubter and the doubt .....

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at the language of interpretation may be different, but the essence of science is one and the same. The Division Bench states that the Atharvaveda does not perceive man s physiology, as delineated in terms of science, but visualizes in subtler elements, by making specific reference to the nadis, annihilation, exhalation, retention of air in the body, which has its corresponding note in the winds and vayu. 14. We have ventured to make a detailed reference to the above facets highlighted in the ju .....

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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 several pages in the opening part of its judgment, we also wish to make a reference to the meaning of the expression Gyan Vigyan , as has been expressed by Dr.Subash Sharma, Dean of Indian Business Academy, Noida in his article From Newton to Nirvana: Science, Vigyan and Gyan . A reading of the said note on Gyan Vigyan by the author really gives a clear picture .....

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ate his idea by stating that while science relies on senses, Vigyan i.e. Vishesh Gyan, can be acquired through mind . Therefore, Vigyan is more than science as mind is more than senses. He would conclude his analysis by saying that Gyan both in terms of its metaphysical and spiritual meaning, is acquired through consciousness and that it is more than Vigyan as consciousness is more than mind . If the analysis made by the writer is understood, it can be held that if one represents senses, mind an .....

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ing one s mind with absolute consciousness. 17. Keeping the above perception about the basics of Vedas i.e., Upvedas, Agam Tantra, Itihas, Puranas etc., in consonance with Gyan Vigyan, it will be necessary to briefly refer as to how the University came to be established after the coming into force of 1995 Act. It is also imminently required in as much as, such an establishment had resulted in the investment of considerable sum of money for the purpose of imparting education on Vedas and its alli .....

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edic science and knowledge for the systematic unfolding of the full range of human consciousness. The said line of thinking of the Yogi contains the technology of the unified field that includes the Transcendental Meditation (TM) and Transcendental Meditation Siddhi Programmes. It was also highlighted by the Yogi that there were enough materials in Vedas, which pertains to seed production, crop production, sericulture, health care, management, beauty culture, marketing and accounting. It was fur .....

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blishing the institution with the laudable object of spreading the knowledge on Vedas and its intricate subjects, through the medium of education. After the Statute viz., 1995 Act, came into effect, the appellant University took every effort to create the necessary infrastructure of high standards in education and teaching. It is revealed that the infrastructure comprised of permanent furnished buildings, teachers, staff, transport facilities, library, hostel facilities etc., and the capital exp .....

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selves with the University. Amongst the 70 students who enrolled themselves for pursuing their doctorate courses in the University, 46 students were granted scholarship in the range of ₹ 1500 to ₹ 2000 per month. 20. In the rejoinder affidavit filed in the High Court, the University further claimed that it has ₹ 60 crores deposit and has realized a sum of ₹ 2.5 crores by way of tuition fees and stated that the University has invested huge sums for the purpose of imparting .....

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with the main objective of spreading the knowledge of Vedas. It was contended that the attempt of the State Government to cripple the activities of the University by restricting the scope of education in the University to Vedas alone would be doing grave injustice to the University, as well as to its beneficiaries. 22. Having analysed the emergence of the appellant University based on enactment viz., 1995 Act, we are of the considered opinion that it will also be appropriate to emphasis the need .....

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ile referring to education has stated, live as if you were to die tomorrow. Learn as if you were to live forever . Later reinforced by Nelson Mandela Education is the most powerful weapon which you can use to change the world . The process of learning, as has been highlighted by the father of the nation, emphasises the need for one to have an everlasting thirst for acquiring knowledge by getting himself educated. It is stated that education is the most potent mechanism for the advancement of hum .....

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edge into wealth and social good through the process of innovation is going to determine its future.' Accordingly the 21st Century is termed as the century of knowledge . 23. Mr. Will Durrant defines 'education' as the 'transmission of civilization'. George Peabody has defined 'education' as "a debt due from present to future generations". Education confers dignity to a man. The significance of education was very well explained by the US Supreme Court first, .....

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sformed into an inter-governmental organization in 1929, as an international coordinating centre for institutions concerned with education. A much broader approach was chosen, however with the establishment of UNESCO in 1945. United Nations, on 10th December, 1998 adopted the Universal Declaration of Human Rights (UDHR). The Preamble to the UDHR stated that: every individual and organ of society...., shall strive by teaching and education to promote respect for these rights and freedoms.... In a .....

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ll on the basis of merit." (Emphasis added) 26. The same concept has been repeated in the UN Declaration of the Rights of the Child, which seeks to ensure; "Right to free and compulsory education at least in the elementary stages and education to promote general culture, abilities, judgment and sense of responsibility to become a useful member of society and opportunity to recreation, and play to attain the same purpose as of education." 27. The role of international organizations .....

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erspective, constitutional rights in regard to education are to be automatically ensured. 28. Having briefly analyzed the International Conventions, we would like to refer to the provisions in our own Constitution, which provides for the significance and need for education. The Founding Fathers of the nation, recognizing the importance and significance of the right to education, made it a constitutional goal, and placed it under Chapter IV Directive Principles of State Policy of the Constitution .....

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cation is the basic necessity of the democracy and if the people are denied their right to education, then democracy will be paralyzed; and it was, therefore, emphasized that the objectives enshrined under Article 45 in Chapter IV of the Constitution should be achieved within ten years of the adoption of the Constitution. By establishing the obligations of the State, the Founding Fathers made it the responsibility of future governments to formulate a programme in order to achieve the given goals .....

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ight to education springs from right to life. The right to life under Article 21 and the dignity of the individual cannot fully be appreciated without the enjoyment of right to education. The Court observed: "Right to life" is the compendious expression for all those rights which the Courts must enforce because they are basic to the dignified enjoyment of life. It extends to the full range of conduct which the individual is free to pursue. The right to education flows directly from rig .....

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partly overruled the decision rendered in Mohini Jain s case. The Court held that, the right to education is implicit in the right to life and personal liberty guaranteed by Article 21 and must be interpreted in the light of the Directive Principles of State Policy contained in Articles 41, 45 and 46. This Court, however, limited the State obligation to provide educational facilities as follows: (i) Every Citizen of this Country has a right to free education until he completes the age of fourte .....

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d the illumination of the spirit. Education is a preparation for a living and for life, here and hereafter. 11. An old Sanskrit adage states: "That is Education which leads to liberation"- liberation from ignorance which shrouds the mind; liberation from superstition which paralyses effort, liberation from prejudices which blind the Vision of the Truth." (Emphasis added) 31. Further, this Court in M.C. Mehta V State of Tamil Nadu and others reported in (1996) 6 SCC 756, observed t .....

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r Ahmad observed that illiteracy has many adverse effects in a democracy governed by a rule of law. It was held that educated citizens could meaningfully exercise their political rights, discharge social responsibilities satisfactorily and develop sprit of tolerance and reform. Therefore, compulsory education is one of the essentials for the stability of democracy, social integration and to eliminate social evils. This Court by rightly and harmoniously construing the provision of Part III and IV .....

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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 mandate provided under Articles 41, 45, 46, 21-A, 51-A(k) and various judgments of this Court, both the Government of India, as well as this Court has taken several steps to eradicate illiteracy, improve the quality of education and simultaneously ensure that the dropouts are brought to nil. Some of these programmes are the National Technology Mission, District P .....

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1972, Rajasthan Primary Education Act 1964, Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011, etc. 34. The right to education will be meaningful only and only if all the levels of education reach to all sections of people, otherwise it will fail to achieve the target set out by our Founding Fathers, who intended to make the Indian society an egalitarian society. 35. The 15th official census in India was calculated in the year 2011. In a country like India, literacy is th .....

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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 that every child under the age of 14 should get free education, the problem of illiteracy is still at large. 36. Now, if we consider female literacy rate in India, then it is lower than the male literacy rate, as many parents do not allow their female children to go to schools. They get married off at a young age instead. Though child marriage has been lowered .....

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e about the importance of literacy. Also the government has made strict rules for female equality rights. Indian literacy rate has shown a significant rise in the past 10 years. 37. According to us, illiteracy is one of the major problems faced by the developing nations. In Africa and South East Asia, it has been identified as a major cause of socio economic and ethical conflicts that frequently surfaced in the region. Therefore, literacy has now become part of the Human Right dialogue. Now most .....

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instrument by which the skills and productive capacities are developed and endowed. Literacy forms the cornerstone for making the provision of equality of opportunity a reality. 40. With great respect, it will also have to be stated that bereft of improvement in the educational field when we pose to ourselves the question as to what extent it has created any impact, it will have to be stated that we are yet to reach the preliminary level of achievement of standardised literate behaviour. In fact .....

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diate reformation with the efforts of one and all. Therefore, it has become imperative to see that the institution, the teachers, the parents, the students and the society at large can do for bringing about such a transformation. When by and large the development of education has been achieved and the percentage of literacy has considerably improved, at least to more than 60%, there should not be any difficulty for the educated mass to prevail upon every section of the society in order to ensure .....

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ers 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 transforming a society into a civilised nation. It accelerates the progress of the country in every sphere of national activity. No section of the citizens can be ignored or left behind because it would hamper the progress of the country as a whole. It is the duty of the State to do all it could, to educate every section of citizens who need a helping hand in ma .....

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out in the name of debate, not even in factories where are manufactured novel instruments to strangle life, but in educational institutions which are the seed-beds of culture, where children in whose hands quiver the destinies the future, are trained. From their ranks will come out when they grow up, statesmen and soldiers, patriots and philosophers, who will determine the progress of the land. 43. Having thus highlighted the importance of Education, when we now refer to the core issue involved .....

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into force of the 1995 Act, the appellant University has framed its Statutes, as well as Ordinance No.15. Ordinance No.15, contains the courses of studies, which are numerous. Apart from prime subjects on Vedas there were also other professional courses such as Project Management, Human Resources Management, Financial Management, Marketing Management, Accounting and Auditing, Banking, as well as vocational courses in typing, stenography, secretarial practice, computer technology marketing and s .....

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2(f) of the University Grants Commission Act, 1956. The same was addressed by way of a communication to the University Grants Commission dated 24.08.1998, in and by which, the inclusion of the appellant University in the schedule to the University Grants Commission Act, 1956 was notified. One other factor which is also to be kept in mind is that by virtue of the provisions contained in the un-amended Act, the appellant University also opened up as many as 55 centers in which an average of 35 stu .....

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t in his submissions, mainly concentrated on the above three aspects on which the amendments impinge upon the rights of the appellant. 48. In the first instance, we wish to take up the amendment to Section 4(1) of the Act. In order to appreciate the submissions of the respective counsel, it will be worthwhile to note the un- amended Section 4(1), the amended Section 4(1), as well as the Preamble to the Act which are as under: "4 (i) to provide for instruction in all branches of Vedic learni .....

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he promotion and development of the study of Sanskrit as the University may from time to time determine and to make provison for research and for the advancement in the above fields and in these fields may ........." Preamble: "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." 49. A reading of .....

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se 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, not acceptable. The University submitted through its reply vide Annexure P-7, explaining in detail with cogent reasons as to why it was entitled to conduct those courses. It is in the above stated background that the Amendment Act 5 of 2000 came to be introduced. 50. In the above stated background, when we examine the amendment to Section 4 (1), it is quite .....

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h was left to be determined by the University. It was also entitled to make provisions for research and for the advancement in the fields mentioned above. By omitting or by deleting the set of expression dissemination of knowledge , apparently the State Legislature wanted to give a thrust to its intendment of restricting the scope of study in the appellant University to Vedic instructions and its allied subjects. By taking up the deletion of the expression dissemination of knowledge , by way of .....

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y attempt for spreading of knowledge or disbursement of knowledge. With the said set of expressions as originally contained in Section 4(1), the question for consideration was as to whether such spreading of knowledge or disbursement of knowledge should be confined only to the exclusive field of Vedic learning alone, or whether it should be read disjunctively to be applied for such spreading of knowledge, on a wide spectrum. In fact, the Division Bench has even concluded that even by retaining t .....

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ant University was for the cause of advancement and spreading of knowledge in a wide spectrum and not by restricting it to the field of Vedic learning alone. To reinforce his submissions, the learned senior counsel vehemently contended that Section 4(1), apart from providing scope for Vedic learning and practices, including Darshan, Agam Tantra, Itihas, Puranas and Upvedas also used the expression Gyan-Vigyan which is nothing but science and technology. The learned senior counsel therefore, cont .....

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tional right of the appellant in the field of education, thereby conflicting with Articles 14, 19 and 21 of the Constitution. 52. The learned senior counsel further contended that the State Legislature lacks competence, in as much as education is a subject contained in Entry-66 of List-I and is already governed by the central legislation viz., the University Grants Commission Act, 1956 and therefore, the State was incompetent to restrict the scope of education in various fields by bringing out a .....

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education in all fields in the forefront, apart from prosecution of research in Vedic learning and practices. The learned senior counsel would contend that the said submission was rejected by the Division Bench by restricting the consideration to the words preceding the expression dissemination of knowledge and by applying the principle Noscitur A Sociis. The learned senior counsel would contend that such an approach of the Division Bench was not justified and relied upon the decisions reported .....

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f knowledge is referable to spreading of knowledge in all other fields which may also include Vedic learning. The learned senior counsel also relied upon AIR 1968 SC 1450 (Ishwar Singh Bindra and Ors. Vs. State of U.P.), (1987) 3 SCC 208 (Joint Director of Mines Safety Vs. Tandur and Nayandgi Stone Quarries (P) Ltd.) and (2005) 5 SCC 420 (Prof. Yashpal and Anr. Vs. State of Chhattisgarh and Ors.) for the proposition as to how to understand the expression and . 55. Apart from the submission on Se .....

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Grants Commission Act and consequently ultra-vires of the Constitutional provisions. The learned senior counsel relied upon Prof. Yashpal and another (supra), (1995) 4 SCC 104 (State of Tamil Nadu and Anr. v. Adhiyaman Educational and Research Institute and others) and 1963 Supp. 1 SCR 112 (Gujarat University, Ahmedabad Vs. Krishna Ranganath Mudholkar). Reference was also made to Section 12 of the University Grants Commission Act, 1956 in support of the said submission. 56. As far as the challe .....

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to grant its approval as a precondition for the appointment of the Chancellor. According to the learned senior counsel such a condition imposed was highly arbitrary and therefore, was liable to be set aside. 57. The learned senior counsel therefore, contended that the insertion of the word only in Section 4(1) of the Act, was made by simultaneously deleting the expression dissemination of knowledge and thereby, the un-amended provision has been made meaningless. According to the learned senior .....

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Hospital Mazdoor Sabha and others (AIR 1960 SC 610), Rohit Pulp and Paper Mills Ltd. Vs. Collector of Central Excise (AIR 1991 SC 754), Kerala State Housing Board and others Vs. Ramapriya Hotels (P) Ltd. and others, (1994) 5 SCC 672), Samantha Vs. State of Andhra Pradesh (AIR 1997 SC 3297), K. Bhagirathi G. Shenoy and others Vs. K.P. Ballakuraya and another (AIR 1999 SC 2143), Brindavan Bangle Stores and others Vs. Assistant Commissioner of Commercial Taxes and another (AIR 2000 SC 691) ending w .....

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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 was concerned, the submission of the learned senior counsel was, what applied to the courses would equally apply to centers and since the Division Bench has held that the State Government was not competent to legislate, as regards the courses to be introduced, on the same logic, the Division Bench ought not to have set aside the proviso in its entirety. 60. As .....

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that any course not connected with Vedic learning will stand excluded. 61. The learned counsel submitted that even going by the unamended Section 4, it is clear that it referred only to all learning connected with Vedic study, since the various sub-clauses to Section 4 also disclosed that it was more Vedic centric rather than on general subjects. By referring to Section 17, the learned counsel pointed out that the degree of autonomy granted to the appellant University, as compared to other Unive .....

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us provisions of the said Act viz., Section 4(17), Section 6 (1) & (8), Sections 7, 12, 24, 25, 26 and 39 provides the required authority to the State Government to regulate the manner of functioning of the Universities in the State of Madhya Pradesh, including the appellant University. 63. As far as the legislative competence is concerned, the learned counsel referred to Entries 63 to 66 of List-I, which deals with Coordination and determination of standards in institutions for higher educa .....

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ies 63 to 66 and by virtue of the enabling provision in Entry 32 of List-II, which empowers the State Government for incorporating an University and regulating its functioning, ample powers are vested with the State Government to pass the impugned legislation. The learned counsel therefore, contended that Section 4(1) only deals with the scope within which the appellant University can function and that it does not talk about curriculum or standard. In such circumstances, when the said provision .....

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ubmission, the learned counsel also referred to Section 2(f) of the University Grants Commission Act, 1956 and contended that the definition of the term University under the said Act means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act and therefore, the University which was established under the 1995 Act can always be regulated by the State Government by passing appropriate amendments to the Act by which the State created the said University. .....

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ubmission, the learned counsel relied upon the decisions reported in AIR 1964 SC 1823 (R. Chitralekha Vs. State of Mysore), 1963 Supp (1) SCR 112 (The Gujarat University, Ahmedabad Vs. Krishna Ranganath Mudholkar and Ors), 1987 (3) SCR 949 (Osmania Universtity Teachers Association Vs. State of Andhra Pradesh and Anr.) and (1999) 7 SCC 120 (Dr. Preeti Srivastava and another Vs. State of M.P.). The learned counsel also relied upon (2009) 4 SCC 590 (Annamalai University Vs. Secretary to Government, .....

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tion. 67. On the proviso to Section 4, the learned counsel contended that so long as the Centre is connected with the establishment of University, it would fall under Entry 32 of List-II and therefore, the said proviso was rightly held to be intra-vires by the Division Bench. According to the learned counsel, the effect of the amendment was not a curtailment, but was only by way of clarification. According to the learned counsel to interpret the amendment, the principle of Mischief Rule will hav .....

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ing bestowed our serious consideration to the respective submissions and having perused the scholarly judgment of the Division Bench and other material papers, at the very outset we are of the view that providing education in an University is the primary concern and objective, while all other activities would only be incidental and adjunct. In this context, it would be worthwhile to emphasis the importance of education which has been emphasised in the 'Neethishatakam' by Bhartruhari (Fir .....

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stated by the Father of our Nation, other renowned Authors and great men in public life as well as the mindset of our Constitutional framers in paragraphs 22 to 42. We have also referred to some of the leading judgments of this Court where it has already been held that Right to Education is a Fundamental Right, guaranteed by Article 21 of our Constitution. 69. Keeping the said basic principles in mind, when we examine the issue involved in this appeal, the burden of the appellant was that thoug .....

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nsively the view points of various personalities, as well as the importance of education and the various constitutional provisions, which were incorporated mainly with a view to spread education in the independent India in order to ensure that the Society is enlightened and by such enlightenment the rights of the people and orderly society is ensured in this Country. Also while referring to a decision of this Court rendered in Mamata Mohanty (supra), the importance of imparting education is emph .....

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le and in totality as it provides the process of training and acquiring the knowledge, skills, developing mind and character by formal schooling. Therefore, it is necessary to maintain a high academic standard and academic discipline along with academic rigour for the progress of a nation. Democracy depends for its own survival on a high standard of vocational and professional education. Paucity of funds cannot be a ground for the State not to provide quality education to its future citizens. It .....

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ate want to contend that the appellant University can impart education only in the field of Vedic learning and practices, including Darshan, Agam Tantra, Itihas, Puranas and Upvedas. Darshan means a proper reading of one s own self and the environment. Agam Tantra is oriental research, which includes history and geography. Itihas, Puranas as the very words suggest, relates to history. Upvedas are part of Vedas. The section as it originally stood stated that the University can provide education i .....

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Sanskrit , as well as for the advancement and dissemination of knowledge , have to be read disjunctively and not conjunctively with the first part of the provision viz., providing for instruction in all branches of Vedic learning . 72. As against the above submission, Ms. Makhija the learned counsel for the State would contend that having regard to the manner in which the provision has been couched, it will have to be read conjunctively and not disjunctively. 73. Both the learned counsel referr .....

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nguish each set of expression, according to the learned counsel for the State, the same will have to be read conjunctively. 74. Having considered the various submissions and the analysis made based on detailed circumstances leading to the intricacies of Vedas, the field it covers, as noted by the Division Bench, as well as the concept of education, which has been explained by very many learned and prominent persons to whom we have made detailed references to in the earlier part of our judgment, .....

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or incidental thereto. While holding so, it will have to be stated in uncontroverted terms that merely because such specific reference was made to prosecution of research in Vedic learnings, it could be held that the imparting of education in the appellant University should be restricted to the said subject alone and not in any other subject. 75. In our considered view, such a narrow interpretation would be doing violence to the very basic concept of education, and would create a serious restra .....

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in Vedic learning and practices. In this context, as has been widely considered and referred to by the Division Bench, which we have also noted, in a precise form in the earlier part of the judgment, we find that Vedas has not left any subject untouched. The Division Bench has noted in paragraphs 20 and 30 the various fields, which have been dealt with and associated in Vedas. The Division Bench has gone to the extent of saying that some scientists have seen the atomic dance in the deity of  .....

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develop the limitless inner potential of students and teachers, the only solution is education and to achieve that end, according to him, ancient Vedic sciences have to be revived and the knowledge for systematic unfolding the range of human consciousness. In fact, this knowledge was stated to be Maharshi technology of the unified field, which included Transcendental Meditation and Transcendental Meditation Siddhi Programmes. It is also stated that Transcendental Meditation is learnt by more tha .....

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c learning and nothing else. Therefore, in that view when we examine the respective submissions of the learned counsel we find force in the submission of the learned senior counsel for the appellant when he contended that by virtue of the amendment, the un-amended Section 4(1) will become meaningless and that the very purport of establishing the appellant University would become a futile exercise, if it were to restrict its courses only to mere Vedic learning, without providing scope for learnin .....

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tific 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 think aloud as to what would happen if a scientific study exclusively about Vedas is made, we wonder whether for that purpose a creation of a University would have been necessitated. On the other hand, it is the other way around, in as much as Vedas contains very many scientific subjects such as, mathematics, study about atoms, human anatomy and physiology and .....

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yan-Vigyan should be exclusively for the purpose of understanding Vedas and Vedic principles. We have earlier explained what is Gyan Vigyan by making reference to an Article From Newton to Nirvana: Science, Vigyan and Gyan by Dr.Subash Sharma, Dean of Indian Business Academy, Noida. Based on the said Article, we have noted that Gyan Vigyan is nothing but a systematic study of science through senses by applying one s mind with absolute consciousness. If it is the meaning to be attributed to the e .....

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nt, etc. 78. In this context, when we refer to the expression promotion and development of the study of Sanskrit as the University may from time to time determine , we find that even indisputably the said provision for the study of Sanskrit is totally unconnected to the learning of Vedas and its allied subjects, except that the scripts of Vedas may be in Sanskrit. For that purpose, there need not necessarily be a specific provision to the effect that there should be promotion and development of .....

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to the said provision. Once, we steer clear of the interpretation of the said provision in the above said manner, we find that the amendment, which was introduced by Act 5 of 2000, was clearly intended to purposely do away with its original intendment and thereby, restrict the scope of activities of the appellant University to the learning of Vedas and its practices and nothing else. The restriction so created by introducing the amendment was self-destructive and thereby, the original object and .....

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and thereby, insisting that imparting of education in the appellant University can be restricted only to Vedic learning and that the science and technology should also be only for the purpose of learning Vedas and its practices, will have to be stated unhesitatingly as creating a formidable restriction on the right to education, which is a guaranteed Constitutional right and thereby, clearly violating Articles 14 and 21 of the Constitution. Equally, the addition of the expression in the above fi .....

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r fundamental approach to the issue raised in this appeal and our conclusion as stated above, we are convinced that the arguments based on the Legislative competence also pales into insignificance. Even without addressing the said question, we have in as much found that by virtue of the amendment introduced to Section 4(1), an embargo has been clearly created in one s right to seek for education, which is a Constitutionally protected Fundamental Right. Therefore, there was a clear violation of A .....

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atimbla 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, this Court has consistently held that Right to Education is a Fundamental Right. Thus, our conclusion is fortified by the various judgments of this Court, wherein, it has been held that imparting of education is a Fundamental Right, in as much as, we have held that the establishment of the appellant University was mainly for the purpose of imparting education, w .....

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tand 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 by way of a clarification of the existing provision. In fact, the Division Bench also proceeded on the footing that dissemination of knowledge as it originally existed, did not empower the University to provide education to other courses other than Vedas and its practices. With great respect to the Division Bench, we are of the view that such an approach was .....

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ent State can be usefully applied to state that dissemination of knowledge in every respect would apply to any subject and cannot be restricted to any particular subject. In paragraph 30 of the said decision, while concluding as to the role of the University Grants Commission in the matter of academic education, it has been stated as under: …Dissemination of learning with search for new knowledge with discipline all round must be maintained at all costs. It is hoped that University Grants .....

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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 facilities made available in the appellant University. We make it clear that it can never be held that the said expression used in the un-amended Section 4(1) can be held to have a limited application for acquisition of knowledge on Vedas alone and not in other fields. 84. As far as the argument of the learned counsel for the respondent based on the expressio .....

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. 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 referred to or relied upon has been succinctly stated as under : …The preamble of an Act, no doubt can also be read along with other provisions of the Act to find out the meaning of the words in enacting provision to decide whether they are clear or ambiguous but the preamble in itself not being an enacting provision is not of the same weight as an aid .....

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e, start with the preamble for construing the provisions of an Act, though we could be justified in resorting to it nay we will be required to do so if we find that the language used by Parliament is ambiguous or is too general though in point of fact Parliament intended that it should have a limited application…. (Emphasis added) 86. The above statement of law makes the position abundantly clear that it is the statutory provision, which will have to be read and analyzed for the purpose o .....

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practices by the appellant University. 87. In the light of our above discussions, we hold that the submission of the learned counsel for the State by making a detailed reference to the Preamble is of no assistance to the respondents. For the very same reason, the arguments of the learned counsel that any course to be conducted in the appellant University should be Vedic centric cannot also be countenanced. On the other hand, as held by this Court in Osmania University case, dissemination of kno .....

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equal protection of law as enshrined under Article 14 of the Constitution, in as much as all other Universities, which were being controlled and administered by the State by the 1973 Act, enjoy the freedom of setting up any course with the approval of the University Grants Commission, the appellant alone would be deprived of such a right and liberty by restricting the scope of imparting education in any field other than Vedas and its practices. 89. As far as the decision relied upon by the learn .....

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junctively. 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) SCC 424 (Reserve Bank of India Vs. Peerless General Finance and Investment Co. Ltd., and Others), we find the following paragraph as more relevant in order to appreciate the present controversy with which we are concerned; paragraph 33 reads as under: 33. Interpretation must depend on the text and the context. They are the bases of interpretation. One may wel .....

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e-maker, provided by such context, its scheme, the sections, clauses, phrases and words may take colour and appear different than when the statute is looked at without the glasses provided by the context. With these glasses we must look at the Act as a whole and discover what each section, each clause, each phrase and each word is meant and designed to say as to fit into the scheme of the entire Act. No part of a statute and no word of a statute can be construed in isolation. Statutes have to be .....

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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. In Constitutional Law of India by Seervai, the learned author has said in para 2.12 (3rd Edn.) that the golden rule of interpretation is that words should be read in their ordinary, natural and grammatical meaning subject to the rider that in construing words in a Constitution conferring legislative power the most liberal construction should be put upon the wo .....

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.It would be much more appropriate in the context to read it disconjunctively. In Stroud's Judicial Dictionary, 3rd Edn. it is stated at p. 135 that and has generally a cumulative sense, requiring the fulfillment of all the conditions that it joins together, and herein it is the antithesis of or. Sometimes, however, even in such a connection, it is, by force of a contexts, read as or . Similarly in Maxwell on Interpretation of Statutes , 11th Edn., it has been accepted that to carry out the .....

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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 ; and if so construed, the existence of any one of the three conditions stipulated in paras (a), (b) and (c) would at once attract the proviso to clauses (a) and (b) of subsection (1) of Section 3 and thereby make the mine subject to the provisions of the Act. The High Court overlooked the fact that the use of the negative language in each of the three clauses imp .....

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sion 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 the other hand, in the context in which the said expression is used, it will have to be read as or creating a disjunctive reading of the provision. 95. In this context it will be worthwhile to refer to what Scrutton, L.J. has stated in the celebrated decision reported in Green Vs. Premier Glynrhonwy State Co. (1928) 1 KB 561, You do sometimes read or as and in .....

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rior to the expression promotion and development of the study of Sanskrit….. and again prior to the set of expression for the advancement and again prior to the set of expression dissemination of knowledge , the context in which the Legislation was brought into force and reading the said section along with the Preamble and other sub clauses of Section 4, the expression and has to be read disjunctively and not conjunctively. Therefore, even applying the principle laid down by Lord Scrutton .....

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f 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 Section 28-A, we think it appropriate to bear in mind certain basic principles of interpretation of a statute. The rule stated by Tindal, C.J. in Sussex Peerage case still holds the field. The aforesaid rule is to the effect: (ER p. 1057) If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those w .....

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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 the appellant relating to the challenge made to the proviso added to Section 4., the proviso which has been added is to the effect that no courses should be conducted and no centers should be established or run without the prior approval of the State Government. The contention of the learned counsel for the appellant before the Division Bench, as well as before .....

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vision 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-III and also Section 12 of the Universities Grants Commission Act, 1956 ultimately held that having regard to the inclusion of the appellant University in the list of Universities maintained by the Commission under Section 2(f) of the 1956 Act, as reflected in Annexure P-5, dated 24.08.1988, the existence of Ordinance 15, which came into being in accordance wi .....

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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 prior approval of the State, was ultra vires and beyond the Legislative competence of the State Legislature. 100. This Court in Prof. Yashpal and another (supra) held in paragraphs 28, 33 and 34 as under: 28. Though incorporation of a university as a legislative head is a State subject (Entry 32 List II) but basically a university is an institution for higher ed .....

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r a decision by a Constitution Bench rendered prior to the Fortysecond Amendment when Entry 11 of List II was in existence, it was held that Items 63 to 66 of List I are carved out of the subject of education and in respect of these items the power to legislate is vested exclusively in Parliament. The use of the expression subject to in Item 11 of List II of the Seventh Schedule clearly indicates that the legislation in respect of excluded matters cannot be undertaken by the State Legislatures. .....

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ist II and Item 66 of List I must be harmoniously construed. The two entries undoubtedly overlap: but to the extent of overlapping, the power conferred by Item 66 List I must prevail over the power of the State under Item 11 of List II. It is manifest that the excluded heads deal primarily with education in institutions of national or special importance and institutions of higher education including research, sciences, technology and vocational training of labour. *** 33. The consistent and sett .....

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or research and scientific and technical education being in the Union List for which Parliament alone is competent. It is the responsibility of Parliament to ensure that proper standards are maintained in institutions for higher education or research throughout the country and also uniformity in standards is maintained. 34. In order to achieve the aforesaid purpose, Parliament has enacted the University Grants Commission Act. First para of the Statement of Objects and Reasons of the University G .....

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aching and examination in universities, both old and new. It is also necessary to ensure that the available resources are utilised to the best possible effect. The problem has become more acute recently on account of the tendency to multiply universities. The need for a properly constituted Commission for determining and allocating to universities funds made available by the Central Government has also become more urgent on this account. (Emphasis added) 101. In yet another decision, this Court .....

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ved to the Union, the State law may be bad. This cannot obviously be decided on speculative and hypothetical reasoning. If the impact of the State law providing for such standards on entry 66 of List I is so heavy or devastating as to wipe out or appreciably abridge the central field, it may be struck down. But that is a question of fact to be ascertained in each case…. 102. While considering the submission of the learned senior counsel for the appellant, it will be worthwhile to make a r .....

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the purpose of performing its functions under this Act, the Commission may hold certain enquiry and do certain other activities. In fact, the Division Bench while holding that conduct of courses come exclusively within the realm of control of the University Grants Commission, apparently relied upon the said provision. 103. In fact the Division Bench has made a specific reference to the expression used in the said Section, while ultimately holding that it was within the exclusive jurisdiction of .....

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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 may apply to conduct of courses, should equally apply to the running of centers as well. In this context, it will be worthwhile to make a further reference to the stipulation contained in Section 12 of the University Grants Commission Act, which makes the position clear. Under Section 12, the general duty of the Commission to take in consultation with the Univ .....

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mination thereof, can be controlled only by the University Grants Commission by virtue of the operation of Section 12. If it is for the University Grants Commission to take a decision in consultation with the Universities, such steps as it thinks fit for the promotion and co-ordination of Universities education, then it will have to be held that, that it should include, apart from the course content, the manner in which education is imparted viz., the process of teaching, while at the same time .....

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clude the infrastructure that may be made available, either in the University or in other campuses, such as the centers, in order to ensure that such standard of education, teaching and examination, as well as research are maintained without any fall in standrard. Therefore, while upholding the conclusion of the Division Bench that it is beyond the legislative competence of the State Legislature to stipulate any restriction, as regards the conduct of the courses by getting the approval of the St .....

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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) The student-teacher ratio; (4) The ratio between the students and the hospital beds available to each student; (5) The caliber of the students admitted to the institution; (6) Equipment and laboratory facilities, or hospital facilities for training in the case of medical colleges; (7) Adequate accommodation for the college and the attached hospital; and (8) The .....

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viz. the State of Madhya Pradesh for imparting education on the very same courses specified in Ordinance 15. If we apply the principle spelt out in paragraph 36 of the above decision, where the standard for examining the standard on education of an University, the various factors culled out in the said paragraph can be held to be the factors to be considered. In the same line of reasoning, it will have to be held that the various centers created by the appellant University, would also fall as o .....

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y the appellant University. 109. We therefore, hold that the entire proviso to Section 4(1) has to be held to be ultra-vires. The contention of the learned counsel for the appellant therefore, merits acceptance and the contention to the contrary made by the learned counsel for the State stands rejected. 110. It is also necessary to note, as well as mention that after the University was established for its initial establishment and for running the institution, according to the appellant, more tha .....

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who had joined the institution aspiring for improving their educational career, in our considered opinion, it is the responsibility of the State to ensure that such high expectation of the students who joined the appellant university is not impaired and that for whatever expenses incurred by the students, appropriate returns should be provided to them by way of imparting education in the respective fields which, they choose to associate themselves by getting themselves admitted in the appellant .....

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sidering the challenge made to the amendment introduced on various grounds raised at the instance of the appellant, the legitimate expectation of the appellant University, as well as the student community, would also equally support the contentions of the appellant University, while challenging the amendments in particular the amendment introduced to Section 4(1), as well as the addition of a proviso to the said Section. 111. One other relevant factor which is also to be kept in mind is the esta .....

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an unique University created and established by the founders of the said institution headed by Maharshi Mahesh Yogi. Therefore, when such a premium University, which is stated to be only one of its kind in the whole of the Country was successfully established based on the 1995 Act, in our considered opinion, such a well established institution should be allowed to survive by enabling the said University to conduct courses as has been planned by it and introduced under Ordinance 15 and thereby, .....

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our considered opinion, any attempt made from any quarters, which would disrupt the running of the appellant University, will only amount to interfering with its various Constitutional rights and fundamental rights enshrined in the Constitution. Therefore, when such interference is brought to the notice of this Court, the Court has to necessarily come to the rescue of the appellant University by saving it from any such onslaught being made on its continued existence. We, therefore, find force in .....

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the appellant, which related to the amendment to Section 9(2) of the 1995 Act. Under the un-amended provision, after the first Chancellor viz., Maharshi Mahesh Yogi, the Board of Management was empowered to appoint the Chancellor from among the persons of eminence and renowned scholar of Vedic education who can hold office for a term of five years and who would be eligible for reappointment. Under the amended Section 9(2), it was stipulated that after the first Chancellor, the Board of Managemen .....

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