JUDGMENT Dipak Misra, J.
1. In this writ petition it is imperative to bestow our anxious consideration on the long debate and deliberation that took place consuming quite a speck of time relating to contentious issues which took us in the time machine as the subject related to the past, creating defiant walls and artificial palisade and some times brought us to the present in capitivative fascination having an ineffaceable sense and purpose of modernity and progressiveness which, at times generated a feeling of puzzlement but definitely the incrassation and intenseness of proponements cannot be surveyed with disposition of a disregardant. We are deliberating and articulating about the 'vedas' the 'Apaurusheya'. The Vedas, as has been said, are the means for attaining knowledge, happiness through wisdom and self realisation which are beyond the sphere of perception or inference. So it is said :
"PRATYAKSHYEANNU MANENA YASTU POYO NA ENAM BIDANTI VEDANA TASHMAD VEDASYA VEDATA"
Possibly, for this reason thus spoke Justice Holmes:
"A word is not crystal, transparent and unchanged, it is the skin of living thought and may vary greatly in colour and content according to the circumstances and the time in which it is used."
2. For this reason Sri Aurobindo termed it as "Rock of Ages". We are also obligated to ruminate on 'Upvedas' the Puranas', the Upnishadas', 'Itihas' and 'Darshana' etc. comprehensively and intensively, because we are called upon to decide the vires of certain provisions which have been brought by way of amendment to the Maharishi Mahesh Yogi Vedic Vishwavidyalaya Adhiniyam, 1995 (hereinafter referred to as 'the Act'). The central terms being "vedic learning" we have to attend to this stand point to some extent so that a fair idea is garnered about the theme relating to the coming into life of the enactment and the introduction of the amendments.
3. The Act (Act No. 37 of 1995) was enacted 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 incidenal thereto. Before we proceed to dwell upon the various provisions of the original Act and the amended provisions we would like to state that essential part of Section 4(i) lays down the power of the University in its conceptual essence which reads as under:--
"4 (i) to provide for instruction in all branches of vedic learning and practices including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and the promotion and development of the study of Sanskrit as the University may, from time to time determine andto make provision for research and for the advancement and dissemination of knowledge."
The amended provision reads as under :--
"to provide for instructions only in all branches of vedic learning and practices including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and the promotion and development of the study of Sanskrit as the University may from time to time determine and to make provison for research and for the advancement in the above fields and in these fields may ........."
4. We have referred to this part in the beginning as the learned senior counsel for the petitioners, Mr. N.C. Jain and Mr. Ravindra Shrivastava being ably assisted by their associate counsel took us through various literatures and scriptures to highlight what exactly the vedic learning, Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan mean and what does their development signify. Learned counsel for the petitioners submitted that it was the idea of Maharishi Mahesh Yogi who gave the vision of total knowledge in his holistic interpretation of the 'vedas' and with the intention to propagate natural law and technology of consciousness, established many a University at various places in the world and at his behest the State Government passed the Act so that the knowledge and wisdom of the vedas and other ancillary streams of knowledge get utilised in modern times.
5. We must at the beginning admit that we are no experts in the 'vedas' or 'puranas' or 'itihas' or 'Darshan' but when there was substantial argument on this score to highlight that an adroit attempt has been made to curtail the expensive canvas in which the University was structured by inserting certain amendments which have no sanction in law, we feel that we should deal with the subject to some extent and not totally ostracise them from the arena of discussion. Ergo, in that setting, we proceed to advert whether the amended provisions suffer from the vice of unconstitutionality.
6. Presently we shall focus our attention on the 'vedas' and other literature that find mention in both the amended and unamended provisions. Historians are not in agreement while determining the time when the Vedas' were composed. No single soul has claimed to have written all the 'vedas'. It is said that "Rishis" had the vision or 'Drishti' and when they became sublimated or 'yogavastha' they composed. Thus, the veda gets the name of 'Apaurusheya'. We may hasten to add that the learned counsel for the petitioners have put with immense dexterity that every branch of modern knowledge has its roots in the vedic literature and other connected writing and they contain the truth in all its spectrum and the unified knowledge which supports like a mighty pillar, the ordinance No. 15 which has enumerated the various courses. At this juncture we may quote the sagacious sages who saw the truth of the Universe as a composite and a complete whole and they proclaimed :
"As is the microcosm so is the macrocosm.
As is the atom, so is the universe.
As is human body, so is the cosmic body.
As is the human mind, so is the cosmic mind."
7. They further realised the concept of wholeness and visualised unity in diversity. The vedic seers announced:
"OM PURNAMADAH PURNAMIDAM, PURNATPURNAM UDACHYATE, PURNASYA PURNAMADAYA PURNAMEVA VASISISYATE."
The aforesaid means that it is the whole and from the whole, the whole is begotten and if one takes the whole away from the whole what remains is the whole. The learned counsel submit that in modern physics it can be compared to the theory of non-extinction of source of energy.
8. At this stage we may dwell upon how the Rishis invoked the superior being by referring to its different attributes for the well being of all. They chanted the Mantras in the following manner:
"May the far-famed God Indra, bless all with well-being; May the God Surya who knows all, bless all with well-being;
May the Divine Garud, destroyer of inauspicious things, favour all with well-being;
May Brihaspati, the lord of divine, wisdom, bring well-being to all,"
9. And again, "May each one be happy;
May each one be pure;
May each one seek goodness;
May each one escape from unhappiness."
10. We have referred to the aforesaid to show how the prayer to the creative intelligence was made seeking welfare for the collective and not for any single individual.
11. Presently we will refer to some aspects of Vedas where unity had avoidance of class or conflict are emphasised. In the Atharvaved it has been so stated:
"SHANTA DYOUH SHANTA PRITHVI SHANTMIDMURVAN-TARIKSHAM.
SHANTA UDVANIRAPAH SHANTA NASSNTVOSHADHIH."
(Atharvaveda 19-9-1) This means, to promote mutual interest, and to avoid clash and conflict, unity of mind and unity of purpose are essential. We find a confident declaration of such unity of mind and unity of purpose quite frequently in Indian thought.
The seers declared the unity of mind and unity of purpose in the following words :
"SAMGACHHADHVAMSAMVADAHVAHSAM BO MANAMSI JANATAM." (Rigveda 10-191-2) "SAMANO MANTRAH SAMITIH SAMANI SAMANAM MANAH SAH CHINTMESHAM" (Rigveda 10-191-2) The aforesaid conveys the sense, to achieve unity of thought and unity of purpose a strong feeling of equality and brotherhood is the foundation.
12. We may not give the exact translation of the Mantras but as they are understood they convey the design that there should be endeavour to achieve the unity of thought and unity of purpose and a strong feeling of equality and brotherhood. The Rishis have also proclaimed that none is superior, none is inferior. All are brothers marching ahead for prosperity. The harmony among being is the real essence.
13. We will be failing in our duty if we do not refer to the profundity of the pronouncement of the seers who spoke about the purity of learning, sanctity of intelligence and pollution-free world. To quote:
"SWASTI GOBHYAH JAGATAH PURUSHEBHYAH, VISHWAM SUBHUTAM SUVIDATRAM NOASTU."
(Atharvaveda 1.32-4) The aforesaid means, may our learning and pure intellect bring us happiness. May all those who dwell on the earth, in the sky and in the water bring us happiness. And again, "SHAM SARASWATI SAH DHIBHIRASTU, SHANNO DIVYAH PARTHIVAH SHANNO APPAH."
"MADHU VATA RITAYATE MADHU KSHARANTI SINDHAVAH.
MADHU NAKTAMUTOSHSO MADHUMATPARTHIVAM RAJAH."
(Rigveda 1-90-6, 7) The aforesaid means that may our learning and pure intellect bring us happiness. May all those who dwell on the earth, in the sky and in the water bring us happiness. May the winds blow happily, may the rivers flow happily; may the plants grow happily; may the dawn and the earth bring happiness to us.
15. In this way man builds his familial, social and environmental personality with a deep sense of fellowship, affection and benevolence. He desires to live his full life in a happy environment.
16. The feeling in the creation and the involvement in the invocation of nature is clearly perceptible. The Rishis announced let the winds blow happily, rivers flow happily and the plants grow in the happiness and let the dawn of the earth bring happiness to the mankind. Thus the man builds a familial, social and environmental personality with a deep sense of fellowship, confraternity, harmony, affection and benevolence. The vedas teach to live in harmony with nature and a sense of reciprocity is developed. A man is required to cultivate self discipline. The same is divided into five sheaths viz., Annamaya, Pranamaya, Maanomaya, Vijnanamaya and Anandamaya. It is apposite to mention herein, the first two relate to the growth of physical personality, the third and the fourth are in the realm of emotional and intellectual aspects and the last is in the spectrum of bliss and culmination of harmonous functioning of the entire human personality. The learned counsel for the petitioners assiduously submitted that the present concept of emphasis on ecological balance, in a manner, is inherent in vedic sayings.
17. We may at this juncture state that vedas give emphasis on the values of life and the said values have universal relevance. There is emphasis on Arth (wealth), Kam (happiness), Dharma (fulfilment) and Moksha (liberation). The scholars have divided these four aspects into two compartments. The first two are called Pursharth and are secular and the other two are relatable to the sphere of spirituality. We may also hasten to add that the vedas have connected man with earth, with water, with air and the connectivity is extremely poignant. In the "Atharvaveda" it has been so said :
"ANITOSAHTO ASTOADHYATISHTHAM PRITHVIMAHAM."
(Atharvaveda 12-1-11) It means, I stand on this earth without putting too much burden on it, without stamping and without injuring it.
Again, it has been expressed as under:--
"YASYAM VR1KSHA VANASPATYAHDHRUVAM TISHTHANTIVISHWAHA, PRITHIVIM VISHWADHAYASAM DHRITAMACH- HAVADAMASL " (Atharvaveda 12-1-27) This means, it is the earth that firmly bears the trees, the plants, and the herbs that man needs and therefore, man has to take care of the earth. 18. Rishis have also sung that it is the earth that bears and sustain the men. With regard to the water it has been expressed in the following terms: "SHAM TA APO HEMVATIH SHAMU TE SANTUTSAH. SHAN TE SANISHYADA APAH SHAMU TE SANTU VARSHYAH. SHAM TA APO DHANVANYAH SHAM TE SANTVANUSHYAH. SHAM TE KHANINNIMA APAH SHAM YAH KUMBHEBHIRBHRITAH." (Atharvaveda 19-2-1, 2) A free translation of this : May the waters flowing from the snowy mountain bring joy to you; may the spring waters, the rain waters, the waters flowing into the canals, the waters flowing into the wells and filled into the jars bring joy to you. 19. In Rigveda it has been stated "APASVANTAH VISHWA BHESHJA" While speaking about the air "VATA AVATU BHESHJAM". And in the Yajuneda"MADHUVATA RITAYATE". 20. Planting the trees was considered as a sacred task. It is stated that a person who plants one pipal, one neem and one banyan tree, ten flower creepers, two pomegranate, two orange and five mango trees will never be unhappy.
21. The great Sanskrit poet Kalidasa also described in his famous play Abhijnana Sakuntalam how Shakuntala bestowed her love and care on the ashram trees and creepers. The great poet has also so said about Seeta in Raghuvansham. In Koutilya's Arthasastm a clear provision of penalty is made for the maltreatment of trees and other plants. Similar view has also been expressed by Yajnavalkya.
22. We may also refer to 'Darshana' which are divided into mainly six streams namely, Yoga, Sankhya, Mimansa, Vedunta, Myaya and Vaisesika various streams. The Indian schools have given immense stress on realisation of the being. The thoughts of the said schools are not only in the world of metaphysics, hut have immense value in the physical world.
23. Now we shall have a look at other aspects which find mention is Section 4. It refers to Purana, Itihas, Tantras, Sanskrit and Vedantas. There are many scholars who regard the Ayurveda and Panchamveda and some have different opinion. We need not get into that debate. What we state here is that in the Puranas, Upnishads and the vedas, the essential values of human life are narrated sometimes directly and sometimes through myths. The Dharma has been given priority, Dharma does not necessarily mean religion. It is in fact, the property or character of a being and connotes ethicality and introspection. Certain Shashtras commend seven values, namely, responsibility, competence, freedom in expression, control over the results of ones own work, catharsis, togetherness in rejoicing, giving and taking support, self confidence, enthusiasm, excellence in work, feeling of being useful and humility. Introspection, self-examination are also included at limes. In Kathopnishad it has been stated that a good, pleasant and different direction bind wisemen. A man's purposeful living has been eulogized in many rhetorics. In Apasthambha Dharmsutram it has been mandated that householder must enjoy only those pleasures of life which arc not opposed to moral merit. In Vamanpurana accentuation is on 'Dama' (restraining from sense of appetite); 'Sama' (composure of mind); 'Dana' (charity); Akarpanya (generosity) and 'Tapas' (austerity). In Brahmapurana priority is fixed on egolessness (Naab-himanyata), pleasure and kind approach to others (Priyavadita), 'Maitri' (friendliness); 'Aspraha' (absence of greed), 'Anasuya' (not being envious) and not restraining oneself too much (Anayasa) and 'Daya samast Bhuteshu' (compassionate for all living beings). Thus, ethicality has its priority and the learned counsel for the petitioners have vehemently urged how knowledge can never he sans ethicalily and how the amended provisions totally curb and curtail the spreading of this type of education. We will advert to it at the relevant stage.
24. We may at this juncture, profitably refer to the book On the Veda by Sri Aurobindo, who in his inimitable and profound style interpreted the terms of the Vedas in a symbolic manner and treated it as the store house of knowledge. To quote him :
"For language changed its character, rejected its earlier pliability, shed off old familiar senses; the word contracted and shrank into its outer and concrete significance. The ambrosial wine of the Ananda was forgotten in the physical offering; the image of the clarified butter recalled only the gross libation to mythological deities, lords of the fire and the cloud and the storm-blast, godheads void of any but a material energy and an external lustre. The letter lived on when the spirit was forgotten; the symbol, the body of the doctrine, remained, but the soul of knowledge had fled from its coverings."
25. The said authority while discussing about the various terms used in the Vedantic teaching wrote thus:
"In the early Vedantic teaching of the Upnishads we come across a conception of the Truth which is often expressed by formulas taken from the hymns of the Veda, such as the expression already quoted, satyam rtam brhat. - the truth, the right, the vast. This truth is spoken of in the Veda as a path leading to felicity, leading to immortality. In the Upnishads also it is by the path of the Truth that the Sage or seer, Rishi or Kavi, passes beyond. He passes out of the falsehood, out of the mortal stale into an immortal existence. We have the right therefore to assume that the same conceplion is in question in both Veda and Vedanta.
This psychological conception is that of truth which is truth of divine essence, not truth of mortal sensation and appearance. It is satyam, truth of being; it is in its action rtam, right, truth of divine being regulating right activity both of mind and body; it is brhat, the universal truth proceeding direct and undcformed out of the Infinite. The consciousness that corresponds of the sense-mind which is founded upon limitation. The one is described as Bhuma, the large, the other as alpa, the little. Another name for this supremental or truth consciousness is Mahas which also means the great, the vast. And as for the facts of sensation and appearance which are full of falsehoods (anrtam, not truth or wrong application of the satyam in mental and bodily activity), we have for instruments the senses, the sense-mind (manas) and the intellect working upon their evidence, so far the truth consciousness there are corresponding faculties, - drsti, sruti, viveka, the direct vision of the truth, the direct hearing of its word, the direct discrimination of the right. Whoever is in possession of this truth-consciousness or open to the action of these faculties, is the Rishi or Kavi, sage or seer. It is these conceptions of the truth, satyam and riam, that we have to apply in this opening hymn of the Veda."
26. Thus the illustrious saint has referred to the concept of Jatavedas, knower of all births, visvani vayunani vidvan, which means - it knows all manifestations or phenomena or it possesses all forms and activities of the divine wisdom. Sri Aurobindo has interpreted that divine will is perfectly inspired by divine wisdom which is the effective power of truth-consciousness. We may also refer to certain aspects wherein the concept of truth and essence of knowledge have been inextricably unified. The sign of dissonance is totally absent. The vcdic seer spoke thus :
"Grant us, O Gods, protection-
By protection, give us zest to live;
By such a zest, mutual understanding;
By such an understanding, the knowledge of truth;
By such knowledge, the will to live righteously, By such a will, the love of all things;
And by such love, faith in the WORD That reveals Rita, the Order which upholds the Universe."
The aforesaid shows the connection of the Rita which has connectivity with the universal order.
27. The moral teaching of the vedas and other shastras has also a universal base or foundation. The wise sage expressed thus :
"Let these be my vows;
I will remember good and forget evil.
I will practice faith and shun disbelief.
I will honour knowledge and shun ignorance.
I will follow truth and shun falsehood.
I will lead an austere life and shun luxury."
28. And again praying for the collective so sang the noble Rishi:
"May the far-famed God Indra, bless all with well-being; May the God Surya who knows all, bless all with well-being;
May the Divine Garud, destroyer of inauspicious things, favour all with well-being;
May Brihaspati, the lord of divine wisdom, bring well-being to all."
29. We may at this juncture advert to the other facet of Vedas. It is worth mentioning here that the Vedas are four, namely, Rigveda, Samveda, Yajurveda and Atharvaveda and there are four Upvedas viz., Ayurveda, Gandharvaveda, Dhanurveda and Sthapatya Veda. If all these Vedas are understood in proper perspective, if we with our humility say so, deal with various aspects of life, the way of living, the culture, sculpture, medicines and quintessence of civilisation etc.
30. We may profitably note that in Vedas there are formulae which deal with Mathematics. The vcdic Sutras enable a person to solve complex mathematical problems because of their cogency, compactness and simplicity. It is a total misconception that the Vedas are only relatable to rituals. It is irrefragably not. Mathematicians have observed that where in ordinary multiplication methods of many steps are required but if the Sanskrit Sutra is applied, only one line method is sufficient. We may refer to some Sutras. They arc called 'Urdhwa', 'Tiryak Sutra', 'Ekadhiken Purva Sutra' and 'Kalana-Kalna Sutra'.
31. As we have seen the Vedas convey unified sense of knowledge. The Vedas command to go together, speak together, let the minds be of one accord as the ancient Gods with one accord accept their sacrificial share. Let their hymn be the same, their gain be the same, their mind be the same and their heart be united. The Vedic seers have contemplated the design of the earth, as the loving mother, where the life source has a meaningful purpose and its existence is incarnation of charm and loveliness. It is told in the Vedas that the earth is our mother and we are its children. The sage proclaimed "MATA BHUMIH PUTROHAM PRITHIVYAH". The Vedas have given emphasis on pollution-free world and commend prayer for the protection of the mother earth and all other elements like land, water, air and trees. To put a question : Are they not laws at this juncture to protect the same ? Are we not near to our ancient seers ? Indubitably, yes.
32. The Vcdic sages have sung about the ascendent of mind. There are prayers for celebration of spirit. We may quote Rishi Vishwamitra :
PRANCHAM YAGYAM CHAKRIM VARDHATAM GEEH SAMIBHIDIRGNIM NAMSA DUVASYAN. DIVAH SASHASURVIDTHA KAVEENAM GRITSYAY CHIT TA WSE GA TUMEESHUH.
It conveys the sense, we have made the sacrifice to ascend towards the uprcme, let the Speech increase. With kindlings of aspiration, with obcisance of submission, the illumined Will is set to its workings; expression is manifested in the higher mind to the knowledge of the seers and they aspire for a passage for the illumined Will, in its upward urge for the speech.
33. The modern 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 by the ancient 'Drastas'. The memories of cells, which is the modern discovery finds place in the wise men of the past. The Psychology, Psychiatry, Neurology had also been adverted in their own way in the Shastras. Presently scholars recognise 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 quiescicnce 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, And, I the hymn the Brahamana sings."
Possibly for these reasons T.S. Eliot wrote : "Mankind cannot bear too much of reality."
34. We shall now refer to certain aspects of the Upnishads and the Gita which is a part of great Epic Mahabharata written by Vedavyasa. In the Bhagwadgita it has been said :
"SAR VABHUTASTHITAM YO MAN BHAJA TYEKA TVAMASTHITAH. SARVATHA VARTMANOAPISA YOGI MAYI VARTATE."
It expounds that such a Yogi, who engages in the worshipful service of the supersoul, knowing that I and the supersoul are one, remains always in Me in all circumstances.
34-A. In this context we may profitably note that the systematic treatise on the discrimination between right and wrong action which was propounded by Greek Philosopher Aristotle, as Lokmanya Bal Gangadhar Tilak in his book 'Gita Rahasya' has put it, is found in the Gita. The learned author has also expressed the view that the dictum of Mill, Spencer and Kant is also included in the concept of 'STHITAPRAJNA' described in the Gita in the words "SARVABUTAHITE--RATAH". We have indicated this only to highlight the concept that the ancient Indian philosophy engulfs the modern knowledge.
35. We may at this stage profitably refer to the interpretation by the Father of the Nation in relation to the some principles of 'Gita'. It reads as under:--
"But desirelessness of renunciation does not come for the meretalking about it. It is not attained by an intellectual feat. It is attained only by a constant heart-chum. Right knowledge is necessary for attaining renunciation. Learned men possess a knowledge of a kind. They may recite the Vedas from memory, yet they may be steeped in self-indulgence, In order that knowledge may not run riot, the author of the Gita has insisted on devotion accompanying it and has given it the first place knowledge without devotion will be like a misfire. Therefore, says the Gita, 'Have devotion, and knowledge will follow'. This devotion is not merely lip worship, it is wrestling death. Hence the Gita's assessment of the devotee's qualities is similar to that of the sage's."
36. Speaking about the truth thus spoke the Vishvakavi Ravindranath Tagore :
"Maya is like the darkness. No steed, however swift, can carry us beyond it; no amount of water can was it away. Truth is like a lamp; even as it is lit maya vanishes. Our shastras tell us that Truth, even when it is small, can rescue us from the terror which is great. Fear is the atheism of the heart. It can not be overcome from the side of negation. If one of its head he struck off, it breeds, like the monster of the fable, a hundred others. Truth is positive; it is the affirmation of the soul. If even a little of it be roused, it attacks negation at the very heart and over powers it wholly."
37. We may hasten to add the supreme being does not necessarily mean the God. It means as a physicist would put it the supreme feeling of creative intelligence. As a psychoanalyst would put, it is the being of awareness. Similar is the view in the Upnishadas. When it has been said Tat Tatvam Asi (though art that) it also conveys the same. We are not going to interpret the subtlities and the nuances of its interpretation. But it simply means that the entire cosmos remains in the man and the man engulfs the entire cosmos. The purpose of saying is that there is unity everywhere and perception of the said unit is the true knowledge. That is what the modern physicists say.
38. The Indian philosophy as has been put by Radhakrishnan, has its interest in the haunts of men and not in the supra lunar solitudes. It lakes its origin in life. In the words of Ravindranath Tagore, "it is perpetual creation and it always expresses the eternal in us". One of the popular philosophy is the Yogas, which is divided into four parts, namely, Gyan Yoga, Bakti Yoga, Karma Yoga and Raj Yoga. The said Yogas arc not merely thcorization in the metaphysical spheres but have a tremendous bearing in the pragmatic world. Sir Aurobindo spoke elegantly in the following manner :--
"Yoga is a methodised effort towards self-perfection of the potentialities latent in the being and a union of the human individual with the universal and transcendental existence which we see partially expressed in man and in the cosmos."
39. The rudiments of four Yogas arc also found in the Vedas. Patanjali in his Yagasutra described the Yoga as 'Chitvritti Nirodh'. Some interpret Yogas are 'Samatwam'. It is relevant to state here the Sankhya System of philosophy considers the knowledge as direct means to attain liberation and while soemphasizing it also gives priority to the practice of the eight-fold Yoga. In Yogavashistha gives stress on Gyanyoga. In Gyanyoga the mind passes through seven stages of spiritual growth, namely, Shubhechha, Vikaram, Tanumanush, Satvapatti, Asam Shakti, Padarth Bhawani and Turyag.
40. We may now deal with many other forms of Yoga, namely, 'Mantra Yoga', 'Lay Yoga', 'Hath Yoga', 'Asparsh Yoga' and 'Anashakti Yoga'. It is relevant to mention here that the modern science has recognised the needs of Yoga and has arrived at the conclusion that there is connection between Yoga and Psychology. In the words of J.B. Rihinc Yoga opens up new frontiers. In the psychology there is an attempt to proceed from normal to superior. Normal, mental phenomena includes certain kinds of Vrittis, namely, Praman (right knowledge), Viparyay (erroneous knowledge), Viklap (fancy), Smriti (memories). These aspects come into existence because of Avidya and Avidya is associated with Asmita (egoism), Rag (attachment), Dwesh (repulsion), Abhinivesha (fobia for death). Practice of Yoga in a proper way understands the extra sensory perception. Psychological studies by Corringtom and Tyrrel have proved beyond doubt that super normal phenomena has acceptance and there is an extra physical element in a man.
41. The purpose of referring to all these is to show that wisdom of the ancients are being slowly proved adopting of tests by scientific methods. Perhaps for this reason while speaking about Shankara, an eminent commentator on the Vedanta, Dr. Radhakrishnan expressed thus:--
"It is impossible to read Shankara's writing, packed as they are with serious and subtle thinking, without being conscious that one is in contact with a mind of a very fine penetration and profound spirituality..... His Philosophy stands forth complete, needing neither a before nor an after. It has a self-justifying wholeness characteristic of works of art...... Whether we agree of differ, the penetrating light of his mind never leaves us where we were."
42. Thus, mind assumes a very prominent role in Shankara. The Vedantas distinguish self from body and the body is categorised into three compartments, namely, Karan Shariram (Casual Body), Ling Shariram (subtle body) and Sthool Shariram (gross physical body). It has been commended that for cultivation of higher ethical foundation one must have Sam (calmness), Dam (self control), Uparati (auslcnance), Titiksha (endurance), Samadhan (contemplative concentration) and Shridha (faith) and achieve the highest level of unified awareness where the physical frame remains a skeleton and consciousness raises the mind to great height. It is apropos to mention here that the ancients gave immense insistence on the supreme consciousness that could travel the mind to a different realm. In their search for the creative intelligence, the formless and yet has a form attributed and without attributed their search remained constant to get into the cosmic void. In the process they strived to arrive at the ultimate truth where no thought remained, the egolessness pervaded and concept of 'neti' slowly disappeared. In this regard the saint of the last century Roman Maharishi spoke "Meditate till you know that you are not meditating."
The purpose of referring to the aforesaid is that the modern science is making an effort to take man to a state of thoughtlessness for the purpose of bringing him close to the creative power so that the body cells can regenerate in a new form.
43. We will also make an endeavour to show how the vedic learning is concerned with human anatomy and physiology. The Atharvaveda gives a picture human by bio existence in a different manner. The views of the said vedas qua human anatomy coincides more than less with that of medical science today. The language of interpretation is different, but the essence is the same. The Atharvaveda does not perceive man's physiology as delineated in terms of science but visualises in subtler elements. The Nadis, annihilation, exhilation, retention of air in the body has its corresponding note in the winds and Vayu.
44. That the human mind is the most complex feature of the human body. The scientists are not in a position to locate where the mind is and how the mind exactly functions. Shankara, propounder of Advaitvedanta reveals that the deep rooted world of form arose from expressed in a different way by Sacrates, Rene Descartes, Spinoza, A.N. Whitehead and Immanual. In the last century reputed scientists like Nile Bohr, Davit Bohm, Alain Aspect have also opined on the facet strange quantum world opinion. The vedic concept of consciousness has been connected with protomentality. This is able to reveal a picture of unified theory which the vedic seers perceived. The famous Neurophysiologist Sir John Eccles and Sir Karl Poppar have been able to find out that though mind and manner stand in contradistinction, there is interaction. Neuroscientists have come to the conclusion by empirical perceptive mind take a decision by decoding, the chemicalisation informations. A prior knowledge is getting corroboration by a posterior knowledge. Scientists have come to learn the information that the brain is one of the most complex organ in the human body and it has more than 10,000,000,000,000 cells. 90% of glia and rest are neuron. Thinking and feelings are purely electro-chemical activity in the brain cells. It is well known that scientists till today do not know actual use of some parts of human brain. It has still remained an enigma. Shastras say by result of meditation there occurs switching of certain unknown cells in the brain and that is how the yogic personality awakens his 'Kundalini'. The feeling of 'samadhi' is in the realm of research presently in parapsychology. Some thinkers have gone to the extent of saying that human mind can achieve certain things by meditation and the scientists may one day prove that human being is only a 'bionic robot' of a different entity. Possibly that is why in Bhagwadgeeta it has been stated 'NIMMIT MATRAM BHAV". Emphasis is led on Leela. This aspect may be compared to the sayings in Genesis "Dust thou Art, and unto dust shalt thou return ". We may also refer to another interesting aspect of the brain. The scientists have proven that brain generates a small amount of measurable electricity by the rush called electroencephalograph, the electricity so picked up amplify and display in a graphpaper. These graphs are called brain wave graphs, according to variation in frequency. Scienlist had named them as alpha, beta, delta and theta. Difference of these waves beta is a wave pattern that an awakened or active condition. Alpha waves prevails in the brain during advance state of relaxation. But presently it has been proved that there are people who go consciously much themselves into alpha brain wave state. Yogic practitioners have the capability to change the waves and the yoga is a part of Indian traditional philosophy by which the biofeedback takes place.
45. At this juncture, we think we have adverted and dwelled upon, in our humble way, on the basic concept as has been putforth before us. In this context we only desire to quote a passage from Swami Vivckananda :
"Awake, arise, and dream no more ! This is the land of dreams, where Karma Weaves unthreaded garlands with our thoughts Of flowers sweet or noxious, and none Has root or stem, being born in naught, which The softest breath of Truth drives back to Primal nothingness. Be bold, and face The Truth ! Be one with it ! Let visions cease, Or, if you cannot, dream but truer dreams, Which are Eternal Love and Service Free."
46. We think it is necessitous to refer to certain aspects which are spoken in the Upnishads which not only preach the path of the high spirituality but also make one to roam in the sphere of ethicality. It has been expressed as under:--
'Na Dhanen Na prajya Tyaganaike Amrilalvamanushah."
47. The aforesaid means that neither by rituals, nor by progeny not even by wealth but only by renunciation people attain immortality. Thus, the stress is on the concept of sacrifice. It is not out of place to mention here that at certain levels the expressions have reached the highest level of psycho analysis. Not for nothing it has been stated that 21st century belongs to scientific study of psycho analysis. The Shastras have stated that world is going on because it is bound by latent impressions. Speaking about the mind and eternal time it has been so setforth :
"Kalatmani Manoleenam Trikalgyankarnam "
(Yogashikha 5-48) The meaning of the aforesaid is when mind dissolves in eternal time it results in the knowledge of past, present and future.
48. The effect and importance of humanism has been spoken by the seers in the following words:
"Svaatmvatsarvbhuteshu Kaayen Mansa Gira. Anugya Ya Daya Saiv Prokta Vedantvadibhih...
(Jaa. Da. Up. 1-15) A free translation of the aforesaid would mean the vedantins believe that compassion is identified one's own self in all the beings by body, word and thought.
Talking about the labour and management the Shastras say;
"Naanaashraantaay Shrirsti" which means "no work, no wealth".
49. It is not inapposite at this juncture to mention that there are various other Shastras in Sanskrit Literature. They include, 'Arth Shastra', 'Shilpa Shastra', 'Dharma Shastra' and 'Natya Shastra'. We have used the word Dharma because there are various Shastras which speak of Dharma. Certain Preceptors have classified Dharma into two categories namely, 'Samanya Dharma' and 'Vishesh Dharma'. The General Dharma is universal morality and comprises of righteousness, duty and benevolence. There arc ten ingredients of Samanya Dharma. They are self possession, forbearance, bodily discipline, non-theft, purity of body and mind, sense control, intellectual efficiency, learning, devotion to truth and non-anger.
50. The concept of political philosophy is also clearly perceivable in the Shastras. We may at this juncture, refer to American Declaration of Independence which says "All men are created equal". Doubts have arisen about this naturalistic view though there is the legalistic sanction behind it. The idealistic view finds place in the Shloka which reads as under :--
"Avam Yassaatvabhuteshu Pashyatyaatmaanamaatmana. Sa Sarvasamtaametya Bramhapyeti Param Padam." Buhler's gives the translation in the following words :
"He who thus recognizes the self through the self in all created beings, becomes equal (equal-minded) towards all, and enters the highest state, (that of) Brahman."
51. We would also like to mention that the modern authors have also made immense endeavour to connect the ancient Shastras with the physio psychological component of the present day. Aldous Huxley in his book 'Perennial Philosophy' has referred to the theory of Dr. Willem Sheldon who has divided the physical component into three categories, namely, Endomorphy, Mesomorphy and Ectomorphy and the author found connection with these components with the classification of paths preached in the Shrimad Bhagawat Gita. We may at this stage state that empericist philosopher, John Locke says that human mind is like a 'Tabula rasa', a plain paper, where experience can have its stamp. Russian Psychologist Prof. A.N. Sokolov established through electronic devices that language written or audible is inevitable for any kind of thought process in human brain. Thus it has been proven that there can not be thought without language. Prof. Richard F. Thompson, in his book 'Introduction to the Physiological Psychology' has illustrated the neurolinguistic effects on the brain waves. Though this is modern discovery, the same was spoken in a different way by the great Kavi Kalidas when he said "Vagarthaviva samprktau".
52. Moral teaching and the emphasis on truth which are systematically magnified in the Sanskrit Literature can not be undermined. The Shastras have said that the earth exists because of truth. Bertrand Russell while speaking about the truthfulness spoke thus:--
"To produce the habit of truthfulness should be one of the major aims of moral education. I do not mean truthfulness is speech only, but also in thought; indeed, of the two, the latter seems to me the more important. I prefer a person who lies with full consciousness of what he is doing to a person who first subconsciously deceives himself and then imagines that he is being virtuous and truthful. Indeed, no man who thinks truthfully can believe that it is always wrong to speak untruthfully. Those who hold that a lie is always wrong have to supplement this view by a great deal of casuistry and considerable practice in misleading ambiguities, by means of which they deceive without admitting to themselves that they are lying. Nevertheless, I hold that the occasions when lying in justifiable are few - much fewer than would be inferred from the practice of high-minded men. And almost all the occasions which justify lying are occasions where power is being used tyrannically, or where people arc engaged in some harmful activity such as war; therefore in a good social system they would be even rarer than they are now."
53. We have highlighted that there is unification of knowledge in the Vedas, Puranas, Itihas, Darshan and Sanskrit literature as a whole. The learned senior counsel for the petitioners have submitted that every aspect and facet of modern knowledge has been there either in direct form or indirect form in the Vedic literature and other writings in Sanskrit.
54. In all the systems if one may say so, the end is the same, the means may be different. Sources of Dharma are in the Vedas, 'Dharma', in its connotativc expanse means the tradition and practice of those that have the conduct of virtuous man and the individual conscience. This world is of protean significance as Dr. Sarvapalli Radhakrishnan would put it. The universal brotherhood among the living and amongst things which have been succintly put in the Vedas has also been spoken differently by the great poets who are the "Kavis". We may profitably quote few lines from S.T. Coleridge :
"He prayeth well, who loveth well Both man and bird and beast. He prayeth best who loveth best All things both great and small."
55. We may also note that the Vedas and other scriptures do not shun or eschew the pleasure but they do not treat a life of total pleasure as perfect life. Qualitative good and oneness of universe is the basic foundation of the vedic literature. It proudly announces Vasudhaiva Kutumbkam, Sacrifice for others and for collective good have been emphasised in every sphere for harmony in the universe. If we allow ourselves to say so, it is the motto of the vedas. There may be some thinkers who have announced that life should be pleasure oriented and one must enjoy till the rim for the simple reason, the body that gets burnt docs not arise again. It may be a singular philosopher Chatvak, or a school that speaks 'Charuvak'. But the aforesaid thought is a fragmentation of thought of some philosophers but is not the be all and end all. If all branches of philosophy are studied with devotion a complete and wholeness of life emerges with a paramount purpose dedicated to collective good. It does not speak in favour of cynicism and does not allow scepticism to penetrate into its marrows. It totally ostracizes the principle "Hodievivendum, amissa, praeteritorum, cura". Emphasis is on not only to live long but also to live rightly. We may quote Seneca in this context "longa est vita si plena est', which means life is long if it is full. We have referred to the great Greek dramatist only to show that great men think alike. Thus, vedic literature, other epics and Darshanas make the learning the eye of one's mind. Not for nothing, it has been said "learning teachcth more in one year than experience in twenty".
56. We may proceed to add that metaphysics of Indian philosophy is not exactly a theory. In fact, in unravels the whole of knowledge as an ocean. The metaphysics and Shastras show that there is a science of universe. If we may say so that the knowledge is so vast that one may compare it to a fish which lives in ocean but docs not realise the depth of the ocean. Some may say the primitive man was perplexed by miracles of nature but definitely there was an attempt, a dexterous one, to explain the same in many a way. Twenty First Century man has to proceed to find out what the seers said and may prove it in the test conducted by scientific means. Our whole purpose here is to understand the signification as Mr. Jain and Mr. Shrivastava, learned senior counsel would put it, that the purpose for which the University was established was to understand the completeness of being in its conceptual eventuality, continnum progress, crossing the barriers of the dimensional world, to realise that the traditional India was not totally a ritualistic one but a rational one and to comprehend its rationalisation, one has to delve deep into it. The learned counsel have proponed that the truth is hidden and that is the treasure and it has to be found out by enormous endeavour and brought in harmony with the present day precept and paradigm. We may not say any further on this score and repeat at the cost of repetition that we have said so, as it will be absolutely relevant while dealing with vires of some of the amended provisions. As we have said at the beginning, it is a different kind of legislation and we cannot, though we are not experts, totally abdicate our duty to make an effort to understand the works, atleast in their basic context.
57. From the aforesaid discussion, it becomes plain as noon day that the Vedic learning including, Darshana, Itihas, Puranas, Upnishadas, Gyan and Vigyan and promotion and development of the studies of Sanskrit have a modern signification. It is not in apposite to mention here that research is in vogue how to utilise the Sanskrit language in computer. The man-machine conversation has gathered immense importance and the linguistic theories have accepted that the Paninian Grammar can be computer friendly.
58. The moot question that arises in this writ petition is whether all the amended provisions suffer from the vice of unconstitutionality or some can be saved by adopting the doctrine of severability.
59. Before we proceed to delineate the legal contours, it is appropriate to exposit the facts as have been putforth before us. It in pleaded in the petition that the petitioner No. 1, Maharshi Mahesh Yogi Vishwavidyalaya, is a University established and incorporated as such under Section 3 of the Act. The petitioner No. 2 is a teacher and employed in the University, whereas the petitioner No. 3 is a student and all of them are interested in the fulfilment of the object of the University for which it has been established. It is putforth that since last 40 years Maharshi Mahesh Yogi has been suggesting that the solution to the problems in the education lies in developing the limitless inner potential of students and teachers. To achieve this end he has revived the ancient vedic science, the knowledge for systematic unfolding the full range of human consciousness. This knowledge is Maharshi's technology of the unified field and includes the Transcendental Meditation (TM) and Transcendental Meditation Siddhi Programmes. Transcendental Meditation is learnt by more than three million people world wide and implemented in public and private educational institutions in more than 20 countries through universities, colleges, schools and educational institutions. Extensive research and experience have resulted in University enabling education system to realise the highest ends. It is setforth what Vedas attained and how it has corelation with the present education system. The Maharshi has conceived an idea of comprehensive learning of integrating the objective approach of the present modern science with the subjective approach of vedic science to unfold the total creative genius of every student. It has been stated that there is enough material in Vedas which pertains to seed production, crop production, sericulture, health care, management, beauty culture, marketing and accounting. It has been setforth that the Vedas are the structure of pure knowledge having infinite creative potential which could be harvested by an individual.
60. According to the writ petitioners the Madhya Pradesh Government imbibed by same ideas and having acknowledged not only the relevance but indispensibility of integrating the present system of education with vedic principles, invited and encouraged Maharshi to impart its education through its educational institution to which it would grant university status. This gave rise to the Act in question.
61. Reference has been made to various provisions of the Act. Emphasis has been led under Section 4(1) of the Act to highlight that the aforesaid provision brings out the whole concept of education to be imparted through the University and it embraces within its field to make provisions for research and for the advancement of knowledge. The University is functioning as a private University, complete and equipped as any other University with special emphasis on vedic learning and practices in complete sense and not restricted to study of vedic learning or practice alone.
62. Reference has been made to Sections 4, 5, 6, 8, 16, 17, 18, 19, 21, 24, 25, 26 and 27 of the Act to highlight that the University is conceived and established as a complete autonomous University like other universities without being subject to State control so that it is guaranteed requisite freedom and autonomy for the purposes of discharging its function and exercise of powers in fulfilment of the objectives. This autonomy guaranteed to the University is the hallmark of the legislation. There is reference to the report of Kothari Commission, wherein emphasis was led on the University autonomy. It is averred in the petition that conjoint reading of Clauses (i) and (ii) of Section 4 of the Act would reveal that in so far as performance and functions qua education by the University is concerned, it embraces within its field not only vedic knowledge but also professional and vocational knowledge to make the goal of education complete by providing full knowledge. The concept of vocationalisation dates back to ancient vedic culture in which skilled knowledge was transferred from father to son or teacher to pupil. There is reference to various reports, which we need not advert in detail. It is pleaded that authorities of the University are enumerated in Section 16 of the Act which includes, inter alia, the Board of Management, constituted under Section 17 of the Act and the said management includes Secretary, Incharge of Higher Education as a representative of the State Government. The Board of Management by virtue of the provisions contained in Section 18 (1) of the Act is the Principal Executive Body and has the power of management and administration in relation to the affairs of the University.
63. Reference has been made to Section 24 of the Act to indicate the power to frame statutes. It is putforth that Ordinance No. 15 has been framed with previous approval of the Board of Management meaning thereby there has been tacit approval of the State Government for opening various courses of study in relation to degrees, Diplomas and Certificates. A copy of the Ordinance No. 15 has been brought on record as Annexure P-2.
64. It is putforth that on a perusal of the said Ordinance it is perceptible that course of study in the University is vast and comprehensive and the said study is related to vedic knowledge. The Ordinance prescribes professional courses such as Project Management, Human Resources Management, Financial Management, Marketing Management, Accounting and Auditing Banking etc. It further provides vocational courses such as Stenography (Hindi/ English), Office Management and Secretarial Practice, Computer Technology, Marketing and Sales, Dress Designing and Manufacturing, Textile Designing and Printing, Horticulture, Seed Pioduction, Crop Production, Sericulture, Food Processing & Preservation, Cultivation and Plantation of Medicinal Plants, Health Care and Beauty Culture, etc. It also provides the courses of study in Maharishi Ayurved, Pulse Diagnosis, Prevention, Daily and Seasonal Routine, Diet, Digestion and Nutrition etc. The vocational courses were opened obviously to prevent rush to general education and fulfil the national goals of manpower, development and the removal of unemployment and distribution. It is putforth that the course of studies so provided in the Ordinance of the University is not only in consonance with objects of establishment of the University but is intended to truly and faithfully effectuate the powers and functions of the University as laid down under Section 4 of the Act. Since the time of establishment of the University and its commencement, it has been faithfully and successfully performing its functions of imparting full and complete knowledge in Vedic professional and vocational courses including BBA/BCA which was approved by the State Government. The orders of said approval of the State Government have been brought on record as Annexures P/2-A and P/2-B. It is putforth that an infrastructure of high standard in education and teaching has been created and the University has acquired its own distinguished reputation. It is a complete infrastructure comprising of permanent furnished buildings, teachers, staff, buses, library etc. The capital expenditure on the University as on 31-3-2000 is Rs. 12.74 crores besides the recurring expenditure which for the same period is Rs. 11.00 crores. 3006-students have received education from the University and awarded certificates/diplomas/degrecs. 3136 students are on the roll of the University for the academic year 2000-2001. It has also awarded Ph.D. Degree to 10 students and 70 students are pursuing their Ph.D. and are enrolled with the University. Out of these 46 students are getting scholarship in the range of Rs. 1500A to 2000/- per month.
65. According to the writ petitioners as an evidence of its legal and proper functioning, conforming to the standard of leaching and excellence in the field of education, the University Grants Commission, New Delhi, vide Office Memorandum No. F-9-9/96 (CPP-I) dated 24-8-1998, notified inclusion of the petitioners' University in the list of universities maintained by the U.G.C. under Section 2(f) of the University Grants Commission Act, 1956 (for brevity'1956 Act').
66. It has been pleaded that when the matter stood thus, the University was surprised to have received the memorandum from the Officer on Special Duty in the Department of Higher Education alleging that the courses of study prescribed in Clauses (i) and (j) of the Ordinance No. 15 are contrary to the aims and objects of the University and, therefore, not acceptable. The University was called upon to give reply and the University submitted the reply vide Annexure P-7 explaining in detail supported by cogent reasons and logic. Thereafter the Maharshi Mahesh Yogi Vedic Vishwavidyalaya (Sanshodhan) Adhiniyam, 1999 (Act No. 5 of 2000) [in short 'the amended Act'] came into existence. In the amended Act Sections 2, 4, 9 and 17 have been amended and new Sections 31-A, 31-B, 31-C, 37-A and 37-B are inserted.
67. It is averred in the writ petition that by the amended Act concept of Vedic learning under Section 4 (i) of the Act has been drastically changed by using the word "only" and deleting the words "dissemination of knowledge", and it has curtailed the power of the University. The proviso which has been added stipulates that no course shall be conducted and no centres shall be established and run without prior approval of the State Government. It is putforth that by virtue of the new amendment for all legal and practical purposes the power and function of conduct of courses and establishment, running of centres has been arrogated by the State Government making inroad into the freedom and autonomy of the University as an institution of education of excellence. It is putforth that such an amendment clearly destroys the basic object, feature and fabric of the Act and creates a discrimination between the petitioner-University and the universities established under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (hereinafter referred to as 'the Vishwavidyalaya Adhiniyam'). A reference has been made to Sub-section (2) of Section 9 of the Act how the Chancellor will be chosen. There is a reference to other amended sections to highlight that there has been penetration into the Act which sabotages the autonomy of the University and also corrodes its role to provide a syllabi. It is contended in the petition that the provisions arc arbitrary irrational and unreasonable and they arc hit by Article 14 of the Constitution as there has been discrimination between the other universities and the petitioner-University. The challenge is also on the ground that every individual has the liberty to achieve full meaning and completeness of life and the amendment has smothered the same and hence, it is against the basic ingredients of Article 21 of the Constitution. It is also averred that certain provisions have been brought into existence in colourable exercise of power and, therefore, sensitively susceptible. It is putforth that the State Government has assumed deep and pervasive control in the affairs of the University which offends the statutory scheme of the University and, therefore, the amended provisions are ultravires. It is also setforth that the State Legislature has no competence or power to legislate in relation to the matters in issue inasmuch as the same falls within the exclusive domain of the Parliament by virtue of power vested in it under the Constitution, especially in view of Entry 66 of List-I of the VIIth Schedule. It is apposite to mention here that this ground has been taken by way of amendment and in absence of objection we have delved into it on merits.
68. A return has been filed by the answering respondents contending, inter alia, that the M.P. Vishwavidyalaya Adhiniyam, 1973 was enacted by the State Legislature to consolidate and amend law relating to Universities and to make better provisions for the organisation and administration of the Universities in the State. The Universities and affiliated colleges are established and run as per statutory norms. No institution enjoys absolute autonomy. The system of checks and balance has been evolved through various legislative enactments and every university is obliged to seek and follow the instructions of the statutory controlling authority. The petitioner university has deliberately tried to usurp powers not given to it initially under the Act and hence, it became imperative to reign its illegal commercial activities by providing adequate control over the university through the Amendment Act, 2000 so that the first private university of the State is not allowed to play havoc in the field of higher education. It is putforth that the university was established with the object to promote and develop the study of Sanskrit so as to provide the vedic learning and practice. The whole concept of the Act is akin to Gurukul method prevalent in ancient times in Hindu Civilization when religion was the main source for all activities. Religion saturated educational ideals and the study of vedic literature was indispensable. It is putforth that the Vedas are sacred hymns and oblation verses composed in Sanskrit. The hymns formed liturgical corpus that part grew up around the cult of 'soma' and the sacrifice and extolled the hereditary deities, the most part personified various natural and cosmic phenomena such as Fire (Agni), Sun (Surya), the Dawn (Usha), the Storms (the Maruts), War and Rain (Indra), Honour (Mitra), Divine authority (Varuna) and Creation (Indra with some aid of Vishnu). Hymns were composed to these deities and many were recited during rituals. The foremost collection or samhita or such hymns from which the chief priest drew the material for his recitation is Rigveda. There is reference to various aspects of vedas and Upnishads. It is putforth that in the name of vedic learning the university can not open courses of 'Aghorevidya',
69. It is alleged in the return that the Chancellor of the University never signed any paper for agreement of certain proposals regarding rules and regulations and ordinance of the University as is evident from the Annexures R-l and R-2 and such a state of affairs can not be allowed to continue. It is putforth that meeting of the Board of Management was held on 22-5-1996 at Bhopal and till that day the Chancellor had not given his oral consent to the proposed rules, statutes, ordinance etc. to be placed before the Government of Madhya Pradesh. Yet the University had started functioning and taken important decision of far reaching consequences. It is pleaded in the return that various courses mentioned in Annexure R-3 fall under the purview of School Education Department. AICTE and /an Shakti Niyojan Department, Board of Secondary Education and Medical Education Department. Agriculture and Horticulture Department or Krishi Vishwavidyalayas, etc. It has also been stated that as against 23 courses mentioned in Paragraph 4 of Annexure R-3, the University has opened 29 courses as per Annexure P-3. According to the respondent, the courses have been opened on the basis of whims and fancies of certain individuals without any detailed discussion on the course content, relevance, usefulness, availability of leaching faculty at 55 centres in M.P. It is setforth that on an average 30 students have been admitted in 55 centres of Madhya Pradesh and in some centres only 2 to 3 students have been enrolled and naturally this state of affairs has given rise to many complaints from students and teachers and students have complained that the university has failed to make arrangements for regular classroom teaching. An FIR has also been lodged against the Deputy Registrar of the University under Section 420 of IPC as is apparent from Annexure R-4. The universities centres have spread all over M.P. as a result of which many disputes have arisen and complaints have been made by other universities. This aspect has also been brought to the notice of the authorities of the petitioner university on 20-3-1997 by the Principal Secretary of Higher Education. Pro-Vice Chancellor of the University assured that the University is committed to adhere to rules but the assurance was not fulfilled. It has been asserted that the university is bent upon to welcome anyone to enrol as a student in every class irrespective of his/her qualification. It has also been alleged that after four years of enactment of the Act provision of Section 7 regarding compulsory residential facilities have not been fulfilled. Statutory requirement of sending annual audit report certified by a Chartered Accountant as per provisions of the Act has not been complied with. It is further putforth that the university is guilty of opening of all sorts of courses and has caused territorial jurisdictional disputes with other universities. It is putforth that by amending the Act reasonable restrictions on the illegal activities of the university is put and by no stretch of imagination it can be said that the said provisions are ultravires. It is setforth that the university is carrying on uncontrollable, illegal activities and started the vocational training course by selling admission forms and granting admission on payment of fees. The petitioner university is attempting to enlarge the scope of activities and opening new courses on the basis of the word veda which means knowledge. On this basis the petitioner university is making endeavour to claim that subjects like sericulture, seed production, beauty culture, stenography are covered under the vedic studies. According to the respondent the University in the camouflage of doing service to the society is embarking on a commercial venture illegally and unauthorisedly. It is attempting to cover all the branches on the foundation 'advancement and dissemination of knowledge' which is unacceptable. It is putforth that the university has misconstrued the import of the unamended Act in question and tried to open branches of study which arc non-vedic and crated problems. It has also been pleaded that the courses which have been chosen by the university as typing, stenography and computer courses have nothing to do with vedic learning and the university should confine itself to the subject for which it has been established. The university is not very sincere in achieving its object and is more concerned with the commercial venture. It has not furnished any information regarding the requisite and proper infrastructure details. According to the respondents the university was required to obtain prior permission from the Higher Education Department before seeking the sanction from the Janshakit Niyojana Department to open BBA and BCA courses as the ordinances framed by the university do not include these courses and hence, the permission granted by the Janshakti Niyojana has no avail and in fact is inconsequential. Various other details have been made indicating the correspondences that went on between the authorities of the State and the persons who manage the university and eventually efforts were concretised by enacting the amended provision to curb the activities of the university.
70. It is further putforth that the creation of fund collected under Sections 31-A and 31-B are for the benefit of the employees of the universities. Provisions of a few crores of rupees as permanent endowment fund is minuscules for a university which professes and claims to build an educational centre at the cost of Rs. 10,000 crores. It has also been stated that by insertion of Section 31-C the Legislature has not acted arbitrarily in view of the declared policy of the Government that the self sufficient educational institution will not receive any grant-in-aid. According to the respondents stringent provisions are necessary for erring management. It is also submitted that provisions of Section 37-B are not repugnant to principles of education in a university. Invasion of the Slate in the autonomy of the University is denied. A stand has been taken that there cannot be total immunity from the State control.
71. It is also pleaded that the University should itself to the teaching of Sanskrit and Vedic learning which do not include vocational courses like B.Ed., Stenography and Typing, BBA, BCA etc. It is also putforth that the University has erred immensely and idulgencc cannot be shown to it.
72. A rejoinder affidavit has been filed by the petitioners, wherein it has been pleaded that any hindrances proposed to be caused by the respondents in regard to running of courses of excellence in computer studies such as BBA and BCA is wholly unauthorised, illegal and arbitrary. It is putforth that the State Government has accorded approval for the aforesaid courses vide letter dated 26-11-1998, Annexure P-10. As far as other courses arc concerned they have been prescribed in the Ordinance No. 15 and the same fulfils the requirement of law having been sanctioned by the competent Board of Management, comprising of the functionaries of the State Government. It is putforth that there is no just, reasonable and rationale justifying the discontinuance of the courses of studies conducted by the University as per law on any ground or justification in the interest of students or public at large. The petitioners have also brought on record a part of the report of the Kothari Commission, Annexure P-II, to show the manner in which the University is to be governed. Emphasis is led on the autonomy of the University. It is also highlighted that the University has approximately spent Rs. 60 crores and has realised towards tuition fee of 2.5 crores and that itself shows financial strength of the University. Other allegations made against the University have been controverted as baseless. The reference to Gurukul Shiksha Padhati as prevalent in the ancient time of Hindu Civilisation has no nexus to the object and reasons of the Act and these provisions of the Act have been introduced as alleged, without any foundation by the deponent who has his own perception of the Vedas. It is setforth that concept of vedic education as propounded in the philosophy of Maharshi Yogi is a complete knowledge which helps a person to unfold to its limitless potential and that is sought to be achieved with the help of providing a vedic background or base to every aspect of professional and vocational education. Comments on the Chancellor of the University has been seriously criticised by the University. Opening of courses by whims and fancy has been denied. In regard to imparting trainingin BBA and BCA it has been pleaded that enough money has been invested to have these courses. It is putforth that it is implicit in the study of vedic literature and Ved Vigyan propounded by Maharshi Mahesh Yogi that no area of life is untouched by veda and vedic literature. The pervasive control which is sought to be taken by amending the Act has been seriously commented in the rejoinder. The allegation that the University has entered commercial venture has been categorically controverted. Emphasis is laid on vocational education to highlight that Vedic education did include vocational training. Emphasis is also laid on the curriculum for the purpose of comprehensive learning in making a man complete. It has been highlighted that Ordinance No. 15 of the University was approved and the Government representative never objected when the agenda papers were circulated to the University and later on also the Government representative did not make any objection during the confirmation of minutes when they were sent to the Government. The Statutes, Ordinances and Regulations of the University have been printed by the Government Press and submitted to the Department of Higher Education on 10-1-1997 with the Chancellors' approval. It is putforth that the State Government permitted the petitioner-Management to print the Statutes, Ordinances and Regulations in the State Gazette vide letter dated 19-3-1997 which has been brought on record as Annexurc P-15. It has been highlighted that the BBA and BCA courses were started with specific approval of the Department of Technical Education which was later ratified by the Higher Education Department, vide Annexure P-10. Comments have been given on the amended provisions to show how they are unconstitutional and how the State Government has made an adroit attempt to create a dent in the autonomy of the University. The allegation of mismanagement has been totally disputed,
73. We have heard Mr. N.C. Jain and Mr. Ravindra Shrivastava, learned senior counsel along with Mr. R.K. Jain and Mr. S.K. Seth, learned Additional Advocate General for the State.
74. Questioning the pregnability and penetrability of the amended provisions it was submitted by the learned senior counsel for the petitioners that the provisions are totally destructive of the basic meaning of life, as enshrined under Article 21 of the Constitution inasmuch as Article 21 guarantees fundamental right to a person to live with liberty which also includes right to provide amenities for maintaining proper health and to remove hazardous disease and to impart education by which full knowledge is attained. It is also submitted by them that certain provisions are absolutely arbitrary, unreasonable and irrational and thereby corrode the conscience of the Article 14 of the Constitution. It is also urged that the petitioner-University which is self-functioning University has been discriminated against the universities established under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 and such discrimination erodes the basic edifice of the equality clause of Article 14 of the Constitution. It is also highlighted by the learned senior counsel that the Amended Act No. 6 seeks to confer absolute and unguided control on the State Government as regards the type and number of courses and study in the present University which is beyond the legislative competence of the State Legislature. It is urged by the learned senior counsel for the petitioners that the amended provisions suffer from legislative power and, therefore, invalid in the eye of law. They have referred to the constitution of the University Grants Commission Act, 1956 to highlight how the amended provisions are not intravires the Constitution.
75. Combatting the aforesaid submissions, Mr. Seth, learned Additional Advocate General contended that the amendment which has been effected is not to curb the activities of the University but to remind the University of its own working sphere and such an action cannot be, by any stretch of imagination regarded as arbitrary or irrational. It is putforth by him that the foundation which has been built to highlight that there has been violation of Article 21 of the Constitution is absolutely inconsequential, because by such an amendment of the Act no segment of the conceptual essence of Article 21 is violated. The learned counsel urged that if the amended provisions are scanned in proper perspective there is no arbitrariness, unreasonableness or irrationality and hence, they arc not hit by the conscientious razor of Article 14 of the Constitution. Mr. Seth has also propounded that certain syllabi have been included which have nothing to do with Section 4 (i) of the Act and, therefore, the State Government had to intervene to establish harmony amongst various universities.
76. It is putforth that repugnancy which has been built up by the petitioner is like castle in Spain and is devoid of any substratum and hence, has to collapse like a pack of cards for the simple reason, anything which has no roots cannot be embedded on the earth.
77. We may at the outset state that the learned counsel for the parties have cited certain decisions and we shall refer to them at the relevant time while dealing with their respective submissions.
78. Before we proceed to deal with the submissions it is apposite to state the concept of autonomy, as has been submitted in the report of Kothari Commission. In Paragraphs 13.03, 13.05, 13.07 and 13.08 the Commission had expressed the view as under :--
"13.03. The Concept of University Autonomy.-- To begin with, a distinction needs to be made between University autonomy and academic freedom of university and college teachers. This freedom implies that a teacher cannot be ordered or of required to teach something which goes against his conscience or conflicts with his conception of truth. In this context, we would also like to emphasize the freedom of teachers to hold and express their views, however radical within the classroom (and outside) provided they arc careful to present the different aspects of a problem without confusing teaching with 'propaganda' in favour of their own particular views. A teacher should be free to pursue and publish his studies and research; and speak and write about and participate in debates on significant national and international issues. He should receive all facilities and encouragement in his work, teaching and research even when his view and approach be in opposition to those of his seniors and the head of his department or faculty.
13.05. The proper sphere of university autonomy lies principally in three fields :
-- the selection of students;
-- the appointment and promotion of teachers;
-- the determination of courses of study, methods of teaching, and the selection of areas and problems of research.
13.07. It is important to recognise that the case for autonomy of universities rests on the fundamental consideration that, without it, universities cannot discharge effectively their principal functions of teaching, research and service to the community; and that only an autonomous institution, free from regimentation of ideas and pressure of party or power politics, can pursue truth fearlessly and build up, in its teachers and students, habits of independent thinking and a spirit of enquiry unfettered by the limitations and prejudices of the near and the immediate which is so essential for the development of a free society. As Bertrand Russel has observed; 'where independent thinking dies out, whether from lack of courage or absence of discipline, there the evil weeds of propaganda and authoritarianism proliferate unchecked. The stifling of criticism is thus a much more serious thing than many people realise. Far from creating a living unity of purpose in a society, it imposes a kind of insipid, brittle uniformity upon the body politic. It is a pity that men in places of power and responsibility are not more often aware of this.
13.08. In considering the question of university autonomy, we must recognize three (somewhat overlapping) levels at which it functions :
(1) autonomy within a university, e.g., autonomy of the departments, colleges, teachers and students in relation to the university as a whole;
(2) autonomy of a university in relation to the university system as a whole, e.g., the autonomy of one university in relation to another, or in relation to the UGC and the Inter-University Board (IUB); and (3) autonomy of the university system as a whole, including the UGC and the IUB, in relation to agencies and influences emanating outside that system, the most important of which arc Central and the State Governments."
79. Para 13.9 deals with autonomy within a University, 13.10 deals with autonomy within the University System, 13.18 provides Grants to State Universities from the UGC, 13.22 deals with Grants-in-aid to the State Universities from State Governments, 13.27 deals with Financial Accountability of the Universities. Paragraphs 13.44 deals with the Academic Council. We think it apposite to reproduce :
"13.44. The Academic Council.-- The Academic Council should be the sole authority for determining the courses of study and standards. Their decisions should not need approval by any other authority in the university. According to the acts of the universities, the Senate or the Court has very little authority for interfering in academic matters. But, the power of the Academic Council to make the necessary regulations is affected in two ways : first, resolutions concerning academic matters are sometimes passed in the Executive Council in the first instance so that they become binding on the Academic Council; secondly, as the Academic Council meets urgent twice a year in most universities, urgent matters are often taken up by the Executive Council. To obviate such difficulties, it will be necessary either to have more frequent meetings or constitute a Standing Committee of the Academic Council to deal with such matters. As we have recommended earlier, student representatives may also be associated with the Academic Council."
80. The learned counsel for the petitioners have laid emphasis on the decision rendered in the case of All Kerala Private College Teachers' Association v. Nair Service Society and Ors., (1994) 5 SCC 479, wherein the Apex Court in Paragraph 2 expressed the view as under :--
"2. We may briefly examine the relevant provisions of the two Acts. The primary object of establishing a university by an Act of the Slate Legislature, is to make the institution an independent autonomous authority with a view to minimise the outside interference in its functioning. Dr. S. Radhakrishnan, in the University Education Commission's Report, 1950 observed as under :--
'We must resist, in the interest of our democracy, the trend towards the governmental domination of the educational process...... Higher Education is undoubtedly an obligation of the State but State aid is not to be confused with State control over academic policy and practices. Our Universities should be released from the control of politics,....' The avowed object with which the two Acts and the Gandhi Act have been enacted by the Kerala Legislature, is to leave the pursuit of higher education under the control and management of various academic bodies of the universities. Even the framing of the statutes and the ordinances - which have the force of law - are left to the Senate and the Syndicate of the respective universities."
81. We have referred to the aforesaid aspect to show that even the law of the land has recognised the autonomy of the University in many sphere. The hub of the matter is whether the autonomy is so paramount so that the University can do as it pleases or there has to be some control ? Whether the University can be permitted to act in any manner which is detrimental to the academic interest of the students at large ? Whether the University can be exonerated from following the parameters provided under the Act ? Whether the University in its enthusiasm and exuberance do such acts in a dexterous manner so that the quality of education is hampered and personal whims and caprices come to the forefront ? While posing such questions we would also like to advert to whether the State Legislature, while dealing with these aspects can be permitted to legislate in such a manner that would clearly exposit total arbitrariness ? Whether the State Legislature in the guise of curbing and controlling the activities of the University make certain provisions to create a hole in the quintessence of the autonomy ? Whether the Legislature by bringing an amendment totally shatter and smother the functioning of the University and make it a dancing toy in the hands of the executive? And whether the Legislature while legislating travel beyond the permissible limits of the Constitution ? These are, in our humble view, the basic questions.
82. Keeping the aforesaid background in view, we will proceed to deal with each provision. We have taken recourse to this mode as we think it apposite to delineate separately each individual provision to test and determine the constitutionality of the same. Section 4 (i) of the unamcnded and amended Act reads as under ;
4 (i). To provide for instructions in all branches of Vedic learning and practices including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and the promotion and development of the study of Sanskrit as the University may, from time to time determine and to make provision for research and for the advancement dissemination of knowledge.
(ii) to grant, subject to such conditions as the University may determine, diplomas or certificates to and confer degrees or other academic distinction on the basis of examination, evaluation or any other method of testing on, persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(iii) to organise and to undertake extra-mural studies, training and extensive services;
(iv) to confer honorary degrees or other distinctions in the manner prescribed by the statutes;
(v) to provide facilities through the distance education system;
(vi) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition;
(vii) to recognise persons for imparting instruction in any college or institution maintained by the University;
(viii) to appoint persons working in any other University or organisation as teacher of the University for a specified period;
(ix) to create teaching administrative, ministerial and other posts and to make appointments thereto;
(x) to co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purposes as the University may determine;
(xi) to establish such campuses, special centres, specialised laboratories or other units for research and instruction as are in the opinion of the University necessary for thc furtherance of its objects;
(xii) to institute and award fellowships, scholarships, stipends, medals and prices;
(xiii) to establish and maintain colleges institutions and halls;
(xiv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the University may deem necessary;
(xv) to organise and conduct refresher courses, orientation courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;
(xvi) to make special arrangements in respect of the residence discipline and teaching of women students as the University may consider desirable;
(xvii) to appoint on contract or otherwise visiting Professors Emeritus, Professors, Consultants, Scholars and such other persons who may contribute to the advancement of the objects of the University;
(xviii) to confer autonomous status on a college or an institution or a department as the case may be, in accordance with the statutes;
(xix) to determine standards of admission to the University, which may include examination, evaluation or any other method of testing;
(xx) to fix quota for students belonging to the Scheduled Castes and Scheduled Tribes for admission purposes;
(xxi) to demand and receive payment of fees and other charges;
(xxii) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;
(xxiii) to lay down conditions of service of all categories of employees, including their code of conduct;
(xxiv) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary;
(xxv) to make arrangements for promoting the health and general welfare of the employees;
(xxvi) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any properly, movable or immovable including trust and endowment properties for the purposes of the University;
(xxvii) to borrow on the security of the property of the University, money of the purposes of the University;
(xxviii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects;
4 (i) to provide for instructions only in all branches of Vedic Learning and Practices including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and the promotion and development of the study of Sanskrit as the University may from time to time determine and to make provision for research and for the advancement in the above fields and in these fields may--
(a) grant, subject to such conditions as the university may determine, diplomas or certificates and confer degrees or other academic distinctions on the basis of examination, evaluation or any other method of testing on, persons and withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(b) organise and undertake extra mural, studies, training and extension services;
(c) confer honorary degrees or other distinctions in the manner prescribed by the statutes;
(d) provide facilities through the distance education system;
(e) recognise an institution of higher learning for such purposes as the University may determine and withdraw such recognition;
(f) co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purposes as the University may determine;
(g) institute and award fellowships, scholarships, stipends, medals and prizes;
(h) make provision for research and advisory services for that purpose enter into such arrangements with other institutions, industrial or other organisations, as the University may deem necessary;
(i) organise and conduct refresher courses, orientation courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff. (ii) to recognise persons for imparting instruction in any college or institution maintained by the University; (iii) to appoint persons working in any other University or organisation as teacher of the University for a specified period; (iv) to create teaching administrative, ministerial and other posts and to make appointments thereto; (v) to establish such campuses, special centres, specified laboratories or other units for research and instructionas are in the opinion of the University necessary for the furtherance of its objects; (vi) to establish and maintain colleges, institutions and halls; (vii) to make special arrangements in respect of the residence discipline and teaching of women students as the University may consider desirable; (viii) to appoint on contract or otherwise visiting Professors Emeritus, Professors, Consultants, Scholars and such other persons who may contribute to the advancement of the objects of the University; (ix) to confer autonomous status on a college or an institution or a department as the case may be, in accordance with the statutes; (x) to determine standards of admission to the University which may include examination, evaluation or any other method of testing; (xi) to fix quota for students belonging to the Scheduled Castes and Scheduled Tribes for admission purposes; (xii) to demand and receive payment of fees and other charges; (xiii) to supervise the residences of the students of the University and to make arrangement for promoting their health and general welfare; (xiv) to lay down conditions of service of all categories of employees, including their code of conduct; (xv) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary; (xvi) to make arrangement for promoting the health and general welfare of the employees; (xvii) to receive benefications, donations and gifts and to acquire, hold, manage and dispose of any property movable or immovable including trust and endowment properties for the properties of the University; (xviii) to borrow on the security of the property of the University, money for the purposes of the University; (xix) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects: Provided that no course shall be conducted and no centres shall be established or run without prior approval of the State Government."
We have quoted the unamended and amended provision in extenso to appreciate the purport, effect and impact of the amendment. At the very outset we would like it to clarify, learned counsel for the petitioners did not assail every facet of the amended provision but confined it to some of them which we shall be dealing with at a later stage. We may hasten to add, we have referred to the provisions in detail as the learned counsel for the petitioners emphatically putforth to highlight certain inconsistencies that have taken place because of the addition of the proviso to this section which has given rise to the grievance of the petitioners.
83. Submission of the learned senior counsel for the petitioners is that by virtue of the amendment to Section 4 (i), the Legislature has added the term 'only' and further stipulated the words 'in the above fields' and 'in these fields' by deleting "dissemination of knowledge" and by such amendment the essential power of the University has been totally curtailed. It is urged by them by use of the word 'only' the legislative attempt by amendment is to restrict study of education in branches of Vedic learning and practices and in research for advancement, grant of degrees, diplomas, certificates etc. in the restricted subjects only whereas prior to the amendment use of the words "and dissemination of knowledge" encapsuled every branch of knowledge and every field of advancement.
Mr. Seth, learned Additional Advocate General has submitted as the University was taking advantage of these terms "dissemination of knowledge" by opening faculties and courses beyond the purview for which it was established the State Legislature in its wisdom thought to delete the said words. It is urged by him that by amendment this mischief has been remedied.
84. The heart of the matter is whether by deletion of the terms 'dissemination of knowledge' and addition of 'in the above fields' and the word 'only' really any difference has resulted. The crux of the matter is docs this amendment in any manner affect the basic essence of the enactment or any way curtail the autonomy of the University. Mr. Shrivastava, learned senior counsel has placed immense emphasis on the preamble of the Act. It reads as under :--
"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."
85. It is putforth by him that if the preamble of the Act, is conjointly read with the unamended provision, it would be plain as day that the University had the jurisdiction to expand knowledge in any sphere. The term dissemination means spreading or circulating. Submission of Mr. Shrivastava is that dissemination meant encompassing of knowledge in each and every field.
86. To appreciate the rival submissions raised at the Bar, in this context we have carefully perused the unamended and amended provisions. Various decisions were cited with regard to taking aid of preamble. We need not to refer to all of them inasmuch as in the recent decision of the Constitution Bench of the Apex Court rendered in the case of Union of India v. El-phinstone Spinning and Weaving Co. Ltd. and Ors., AIR 2001 SC 724, G.B. Pattanaik, J., who has authored the judgment for the Court expressed thus :--
"It is, a cardinal principle of construction of statute that the true or legal meaning of an enactment is derived by considering the meaning of the words used in the enactment in the light of any discernible purpose or object which comprehends the mischief and its remedy to which the enactment is directed. Applying the aforesaid principle it cannot be concluded that the mismanagement must necessarily mean an element of fraud or dishonesty. Courts are not entitled to usurp legislative function under the disguise of interpretation and they must avoid the danger of determining the meaning of a provision based on their own preconceived notions of ideological structure or scheme into which the provision to be interpreted is somehow fitted. Caution is all the more necessary in dealing with a legislation enacted to give effect to policies that are subject to bitter public and parliamentary controversy for in controversial matters there is room for differences of opinion as to what is expedient, what is just and what is morally justifiable, it is the Parliament's opinion in these matters that is paramount. 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 to construction 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. Court cannot, therefore, start with the preamble for construing the provisions of an Act, though it could be justified in resorting to it nay Court 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."
87. We may hasten to add, we are not looking at the preamble at this stage for the simple reason, the provision itself contains that instructions in all branches of Vedic learning and practices including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and the promotion and develop-ment of the study of Sanskrit as the University may from time to time determine and make a provision for research and for the advancement. This provision has not been changed. The Legislature has in its wisdom added the term 'only' and further added 'advancement in the above fields'. What falls for determination is whether by such addition of terms any substantial change has occurred. Indubitably, in the amended provision 'the above fields' would relate to the branches of learning and practices as has been mentioned in the preceding words. And the word 'only' does relate to the said field. In absence of those words and in existence of 'dissemination of knowledge', we are of the considered view, the terms 'dissemination of knowledge' do also have to have connectivity with the fields which have been mentioned in the beginning of the provision. They cannot be read independently to engulf and embrace each and every branch of knowledge. They have to be in consonance with the Vedic learning and practices including Darshan, Agam Tantra, Itihas, Puranas, Up-vedas and Gyan-Vigyan and the promotion and development of the study of Sanskrit. The word 'advancement' has also its own signification and 'research' has its own prominence. Spreading or circulation of knowledge have to take colour from the words used previously. We are of the considered view the doctrine of Noscitur A. Sociis would apply to the present case. In this context we may profitably refer to the decision rendered in the case of Rohit Paper Mills v. Collector, Central Excise, AIR 1991 SC 754, wherein the Apex Court came to hold that when there is some doubt the words must take colour by making a reference to the meaning of the words associated with it. We may profitably reproduce:
"12. The principle of statutory interpretation by which a generic word receives a limited interpretation by reason of its context is well established. In the context with which we are concerned, we can legitimately drawn upon the "noscitur a sociis" principle. This expression simply means that "the meaning of a word is to be judged by the company it keeps". Gajendragadkar, J., explained the scope of the rule in State v. Hospital Mazdoor Sabha, (1960) 2 SCR 866 : (AIR 1960 SC 610) in the following words : "This rule, according to Maxell, means that, when two or more words which are susceptible of analogous meaning are coupled together they are understood to be used in their cognate sense. They take as it were their colour from each other, that it, the more general is restricted to a sense analogous to a less general. The same rule is thus interpreted in "Words and Phrases" (Vol. XIV, p. 207) :
"Associated words take their meaning from one another under the doctrine of noscitur a sociis, the philosophy of which is that the meaning of a doubtful word may be ascertained by reference to the meaning of words associated with it; such doctrine is broader than the maxim ejusdem generis. In fact the latter maxim "is only an illustration or specific application of the broader maxim noscitur asociis ". The argument is that certain essential features or attributes are invariably associated with the words "business and trade" as understood in the popular and conventional sense, and it is the colour of these attributes which is taken by the other words used in the definition though their normal import may be much wider. We are not impressed by this argument. It must be borne in mind that noscitur a sociis is merely a rule of construction and it can not prevail in cases where it is clear that the wider words have been deliberately used in order to make the scope of the defined word correspondingly wider. It is only where the intention of the Legislature in associating wider words with words of narrower significance is doubtful, or otherwise not clear that the present rule of construction can be usefully applied. It can also be applied where the meaning of the words of wider import is doubtful; but, where the object of the Legislature in using wider words is clear and free of ambiguity, the rule of construction in question cannot be pressed into service."
This principle has been applied in number of contexts in judicial decisions where the Court is clear in its mind that the larger meaning of the words in question could not have been intended in the context in which it has been used. The cases are too numerous to need discussion here. It should be sufficient to refer to one of them by way of illustration. In Rainbow Steels Ltd. v. C.S.T., (1981) 2 SCC 141 : (AIR 1981SC 2101) this Court had to understand the meaning of the word 'old' in the context of an entry in a taxing tariff which read thus:--
"Old discarded, unserviceable or absolute machinery, stores or vehicles including waste products...."
Though the tariff item started with the use of the wide word 'old', the Court came to the conclusion that "in order to fall within the expression 'old machinery' occurring in the entry, the machinery must be old machinery in the sense that it has become non-functional or non-usable". In other words, not the mere age of the machinery, which would be relevant in the wider sense, but the condition of the machinery analogous to that indicated by the words following it, was considered relevant for the purpose of the statute."
88, In this context, we may profitably refer to the decision rendered in the case of K. Bhgirathi G. Shenoy and Ors. v. K.P. Ballakurya and Anr., AIR 1999 SC 2143, wherein in Paragraph 6 the Apex Court while dealing with the provisions of Kerala Land Reform Act, 1963 and interpreting the provisions enshrined under Section 3 (1) (ii) which used the word 'only' held as under:--
"6. Shri T.L. Vishwanatha Iyer, learned senior counsel who argued for the respondent laid emphasis on the monosyllable "only" in order to bolster up his contention that the legislative intent was to limit the exemption to leases of buildings. It is not a sound principle in interpretation of statutes to lay emphasis on one word disjuncted from its preceding and succeeding words. A word in a statutory provision is to be read in collocation with its companion words. The pristine principle based on the maxim "noscitur a sociis" (meaning of a word should be known from its accompanying or associating words) has much relevance in understanding the import of words in a statutory provision."
89. We may profitably refer to the decision rendered in the case of S.M. Ram Lal & Co. v. Secretary to the Government of Punjab, 1969 UJ (SC) 373, wherein a three Judge Bench of the Apex Court applied the maxim Noscitur A sociis and spoke thus :--
"It is common ground that the goods brought within the Notified Area Committee of Faridabad were not brought for consumption or sale. It was argued, however, that the goods were brought into the Notified Area Committee for use, and on that account octroi was leviable. The expression "use" is not defined in the Act. In its ordinary meaning the word "use" as a noun, is the act of employing a thing.; putting into action or service; employing for or applying to a given purpose. But the word "use" occurs in Entry 52 List II of the Seventh Schedule to the Constitution sandwiched between "consumption" and "sale" and it must take colour from the context in which it occurs. It is a settled rule of interpretation that when two or more words which are susceptible of analogous meaning are coupled together they are understood to be used in their cognate sense. They take, as it were, their colour from each other, that is, the more general is restricted to a sense analogous to the less general; Maxwell on Interpretation of Statutes, 11th Edition, P. 321. The coupling of three words "consumption", "use", and "sale' connotes that the underlying common idea was that either the title of the owner is transferred to another, or the thing or commodity ceases to exist in its original form. Unless it is proved that the wool brought within the limits of the Notified Area Committee, so employed that it was to become a new commodity or component of a new commodity, no octroi would be levied by the Notified Area Committee on the entry wool."
Such principle was also followed in the case of K.J. Pillai v. Union of India, AIR 1981 SC 1985.
90. We have referred to the aforesaid decisions to highlight that the learned counsel for the petitioner vehemently urged that wider words have been deliberately used in order to make the scope wider. As has been stated many words and terms have been used before the words 'dissemination of knowledge'. Mr. Jain as well as Mr. Shrivastava would like us to construe the word 'knowledge' as genus to include all kind of knowledge. But we are unable to accede to such submission. We are of the considered view the words were used in the context of vedic learning and the words which follow that can not be given wider interpretation. The learned senior counsel for the petitioner dissected the sections in two parts to give it different meaning and tried to create a doubt to the extent that the intention of the legislature in associating wider word with the previous words have been some narrow significance but a wider meaning had already been given and the same has been curtailed. On a perusal of the provision with the wider import which is being sought to be imported to the provision by the learned senior counsel for the petitioner was not the intendment of the legislature and hence, we are applying the maxim Noscitur A Sociis and come lo hold that they have to take colour from the earlier words and, therefore, their deletion in praesenti does not make any difference and by such deletion there is no violation of any constitutional provision nor there is curtailment of the autonomy of the university.
91. In the case of State of Rajasthan and Anr. v. Sripal Jain, AIR 1963 SC 1323, the Apex Court while interpreling the rule relating to dismissal or removing or compulsory retirement of an officer construed the meaning that a compulsory retirement has to lake its meaning from the association of the words dismissal and removal and hence, only covered the case of punishment and not normal case of compulsory retirement. In the case of Pradeep Aggarbatti Ludhiana etc. v. State of Punjab and Ors., AIR 1998 SC 171, the Apex Court while dealing with certain articles which were grouped together under one entry in the schedule meant for Sales Tax and Excise Statute came to hold that each word in the entry draws colour from the other words and the principle of Noscitur A Sociis would be applicable. In the aforesaid case their Lordships were dealing with the schedule which provided cosmetics, perfumery and toilet goods excluding tooth paste and tooth powder, kumkum, soaps and while dealing with the view was expressed that the term perfumery has to be taken to mean as cosmetics and toilet goods and nothing to do with Dhoop and Aggarbatti. It is also apposite to mention here apart from the aforesaid doctrine even if the preamble is read in proper perspective it also refers lo provide for educalion and prosecution of research in vedic learning and practices and to provide for the matters connected therewith and incidental thereto. Ordinarily, as we have held, the preamble is not lo be taken into consideration to interprete the section in question. But, even if the preamble is referred to there is not much improvement, as the similar words are used in the section itself, may be more explicitly and expressively. In our considered view the term 'dissemination of knowledge' has lo be read in association with the words used earlier on and cannot have any wider import and larger impact. The amended provision introducing the word 'only' or 'in the above field' do not change the complexion. It has only couched the provision in a different way. The meaning remains the same. Thus, we are not impressed by the submission of the learned senior counsel for the petitioners that the said provision affects the any rights of the University which was given to it earlier on and taken away by this amendment. Hence, we conclude and hold that the aforesaid amendment is intravires.
92. Now we shall proceed to deal with the proviso to Section 4 which has been brought into the statute book by way of amendment. The learned senior counsel for the petitioners have attacked the aforesaid proviso on the ground that it corrodes the basic autonomy of the University and is also totally arbitrary, wholly irrational and absolutely unreasonable. The said provision stipulates that no course shall be conducted and no centre shall be established or run without prior approval of the State Government. As far as the second limb of it is concerned, it is submitted by Mr. Jain and Mr. Shrivastava that the University has the jurisdiction to provide courses as per Ordinance No. 15 which has already come into existence. Ordinance No. 15 has been brought on record as Annexure P-2. The said ordinance provides the course of study. We may reproduce the same as under :--
Ordinance No. 15. Courses of Studies.-- (1) There shall be Courses of Studies in the University, for the following Degrees, Diplomas and Certificates:--
(a) Maharishi Ved Vigyan Parichaya Pariksha (three months)
(b) Maharishi Ved Vigyan Praveshika (one year course) Maharishi Ved Vigyan Prathama (two year course) Maharishi Ved Vigyan Poorva Madhyama (two year course) Maharishi Ved Vigyan Uttar Madhyama (two year course)
(c) Diploma Courses (one year course) Diploma in Maharishi Ved Vigyan Diploma in Maharishi Vedic Swasthya Vidhan Diploma in Maharishi Jyotish Diploma in Maharishi Sthapatya Ved Diploma in Maharishi Yog Diploma in Maharishi Gandharva Ved Diploma in Maharishi Darshan Diploma in Ved and Vedic Literature in Human Physiology Diploma in Maharishi Vedic Management Diploma in Maharishi Upadesh
(d) Honours Courses : (three year course) Shastri in Maharishi Ved Vigyan Shastri in Maharishi Vedic Swasthya Vidhan Shastri in Maharishi Jyotish Shastri in Maharishi Sthapatya Ved Shastri in Maharishi Yog Shastri in Maharishi Gandharva Ved Shastri in Maharishi Darshan (c) Master's Course (three year course) Acharya in Maharishi Ved Vigyan Acharya in Maharishi Vedic Swasthya Vidhan Acharya in Maharishi Jyotish Acharya in Maharishi Sthapatya Ved Acharya in Maharishi Yog Acharya in Maharishi Gandharva Ved Acharya in Maharishi Darshan Acharya in Maharishi Vedic Management
(f) Maharishi Vidya Varidhi (Ph.D. in all disciplines of Vedic Literature)
(g) Vidya Vachaspati in Maharishi Ved Vigyan
(h) Maharishi Vedic Vigyan Praman Patra (Certificate) Pariksha Pathyakram in :
Maharishi Ved Vigyan Maharishi Vedic Swasthya Vidhan Maharishi Jyotish Maharishi Sthapatya Ved Maharishi Yog Maharishi Gandharva Ved Maharishi Darshan Maharishi Vedic Prashashan
(i) Professional courses in :
Project Management Human Resource Management Financial Management Marketing Management Accounting & Auditing Banking (j) Vocational Courses in :
Typing and stenography -- Hindi/English Office Management and Secretarial Practice Computer Technology Marketing and Sales Dress Designing and Manufacturing Textile Designing and Printing Horticulture Seed Production Crop Production Sericulture Food Processing & Preservation Cultivation & Plantation of Medicinal Plants Health Care and Beauty Culture. (k) Short term courses in various international courses in :
Maharishi's Supreme Political Science (Maharishi (1301/1) Maharishi Absolute Theory of Government (Maharishi 1301/2) Maharishi Absolute Theory of Defence (Maharishi 1301/3) Maharishi Absolute Theory of Education (Maharishi 1301/4) Maharishi Absolute Theory of Management (Maharishi 1301/5) Maharishi's Master Management (Maharishi 1301/6) Maharishi's Vedic Approach to Health (Maharishi 1301/7) Maharishi Ayur Ved--
Pulse Diagnosis (Maharishi 1301/8/1) Prevention (Maharishi 1301/8/2) Daily and Seasonal Routine (Maharishi 1301/8/3) Diet, Digestion and Nutrition (Maharishi 1301/8/4) Maharishi Yog Asan (Maharishi 1301/9) Transcendental Meditation (TM) and TM-Sidhi Programme (Maharishi 1301/10) Maharishi's Vedic Science and Technology (Maharishi 1301/11) Maharishi Unified Field Based Ideal System of Education (Maharishi 1301/12) Introduction to Maharishi Jyotish (Maharishi 1301/13) Introduction to Maharishi Sthapatya Ved (Maharishi 1301/14) Introduction to Maharishi Gandharva Ved (Maharishi 1301/15) Human Physiology-- Expression of Ved and Vedic Literature (Maharishi 1301/16).
93. Now the question that falls for determination is whether the Government could have taken away this power by adding the proviso that no course shall he conducted and no centre shall be established or run. By this proviso submit the learned senior counsel for the petitioner that the University would come to a non-functional stage if the courses opened since long as per Ordinance No. 15 are not taught. It is apposite to mention here the main challenge is to the proviso. Proponement is that by such a proviso, in the said Section, namely, 4 (i) (d) (h) (v) has become a nugatory. It is also submitted that the proviso has been introduced without prescribing any guidelines in regard to the scope, ambit and thus destroys, in entirety, the basic object, feature and fabric of the Act. It is also putforth that the State Legislature does not have the jurisdiction to introduce such provision. It is submitted that Section 5 of the Act deals with the jurisdiction which lays down that the jurisdiction of the University shall extend to the whole of the State of Madhya Pradesh. It is also harped on that by such a provision the power conferred on the University to make statutes is also whittled down. Special reference has been made to Section 24 (h) and (i). A reference has also been to Section 24 to show that said provision provides that all ordinances shall be made by the Vice-Chancellor with the previous approval of the Board of Management. The said provision under Sub-Section 2 (k) stipulates about the establishment of centres of studies. The learned senior counsel for the petitioner while highlighting the inconsistency in many provisions have also submitted that the similar provisions are not there in M.P. Vishwavidyalaya Adhiniyam, 1973 (in short 'the Act of 1973'). It is argued that in the said Act the power and duties of the academic council are not curbed in the manner in which it has been curtailed in the case of the present University.
94. In addition to the aforesaid it is also emphatically propounded that such a provision is beyond the competence of the State Legislature. The learned senior counsel for the petitioners have drawn our attention to the Entry 66 of List I. The said entry reads as under :--
"66. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions."
95. In this context, it is apposite to refer to Article 246 of the Constitution. It reads as under :--
"246. Subject-matter of laws made by Parliament and by the Legislatures of States ;--
(1) Notwithstanding anything in Clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the "Union List").
(2) Notwithstanding anything in Clause (3), Parliament, and, subject to Clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the "Concurrent List").
(3) Subject to Clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the "State List").
(4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is matter enumerated in the State List."
96. Mr. S.K. Seth, learned Additional Advocate General for the State has also referred to Entries 63, 64 and 65 of the List I. As the learned Additional Advocate General has referred to the same we think it appropriate to reproduce the same.
"63, The institutions known at the commencement of this Constitution as the Benares Hindu University, the Aligarh Muslim University and the Delhi University; the University established in pursuance of Article 371E; any other institution declared by Parliament by law to be an institution of national importance.
64. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institutions of national importance.
65. Union agencies and institutions for--
(a) professional, vocational or technical training, including the training of police officers; or
(b) the promotion of special studies or research; or
(c) scientific or technical assistance in the investigation or detection of crime."
97. The learned counsel for the State has also referred to Entry 25 of List III which is the concurrent list. The same reads as under :--
"25. Education, including technical education, medical education and universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I; vocational and technical training of labour."
98. It is also putforth by the learned senior counsel for the petitioner that under the University Grants Commission Act the University has been defined under Section 2(f). The said provision reads as under :--
"2 (f), "University" means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognised by the Commission in accordance with the regulations made in this behalf under this Act."
99. Section 12 which occurs in Chapter 3 of the aforesaid Act deals with the power and function of the Commission. The said provision reads as under:--
"12. Functions of the Commission.-- It shall be the general duly of the Commission to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under this Act, the Commission may--
(a) inquire into the financial needs of Universities;
(b) allocate and disburse, out of the Fund of the Commission, grants to Universities established or incorporated by or under a Central Act for the maintenance and development of such Universities or for any other general or specified purpose;
(c) allocate and disburse, out of the Fund of the Commission, such grants to other Universities as it may deem necessary or appropriate for the development of such University or for the maintenance, or development, or both, of any specified activities of such Universities or for any other general or specified purpose:
Provided that in making any grant to any such University, the Commission shall give due consideration to the development of the University concerned, its financial needs, the standard attained by it and the national purposes which it may serve;
(cc) allocate and disburse out of the Fund of the Commission, such grants to institutions deemed to be Universities in pursuance of a declaration made by the Central Government under Section 3, as it may deem necessary, for one or more of the following purposes, namely:--(i) for maintenance in special cases,
(ii) for development,
(iii) for any other general or specified purpose; (ccc) establish, in accordance with the regulations made under this Act, institutions for providing common facilities, service and programme for a group of universities or for the Universities in general and maintain such institutions or provide for their maintenance by allocating and disbursing out of the Fund of the Commission such grants as the Commission may deem necessary;
(d) recommend to any University the measures necessary for the improvement of University education and advise the University upon the action to be taken for the purpose of implementing such recommendation;
(e) advise the Central Government or any State Government on the allocation of any grants to Universities for any general or specified purpose out of the Consolidated Fund of India or the Consolidated Fund of the State, as the case may be;
(f) advise any authority, if such advise is asked for, on the establishment of a new University or on proposals connected with the expansion of the activities of any University;
(g) advise the Central Government or any State Government or University on any question which may be referred to the Commission by the Central Government or the State Government or the University as the case may be;
(h) collect information on all such matters relating to University education in India and other countries as it thinks fit and make the same available to any University;
(i) require a University to furnish it with such information as may be needed relating to the financial position of the University in that University, together with all or the studies in the various branches of learning undertaking the rules and regulations relating to the standards of teaching and examination in that University respecting each of such branches of learning;
(j) perform such other functions as may be prescribed or as may be deemed necessary for the Commission for advancing the cause of higher education in India or as may be incidental or conducive to the discharge of the above functions." Section 13 deals with the inspection which is also relevant for the present purpose. The said provision reads as under:--
13. Inspection.-- (1) For the purpose of ascertaining the financial needs of a University or its standards of teaching, examination and research, the Commission may, after consultation with the University, cause an inspection of any department or departments thereof to be made in such manner as may be prescribed and by such person or persons as it may direct.
(2) The Commission shall communicate to the University the date on which any inspection under Sub-Section (1) is to be made and the University shall be entitled to be associated with the inspection in such manner as may be prescribed.
(3) The Commission shall communicate to the University its views in regard to the results of any such inspection and may, after ascertaining the opinion of the University, recommend to the University the action to be taken as a result of such inspection.
(4) All communications to a University under this Section shall be made to the executive authority thereof and the executive authority of the University shall report to the Commission the action, if any, which is proposed to be taken for the purpose of implementing any such recommendation as is referred to in Sub-Section (3)."
Section 22 deals with the right to confer degrees. The said provision reads as under:--
"22. Right to confer degrees.-- (1) The right of conferring or granting degree shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under Section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees.
(2) Save as provided in Sub-Section (1), no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree.
(3) For the purposes of this section, "degree" means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette."
Section 23 prohibits the use of the word 'university' in certain cases. Section 25 which deals with the power to make rules. Sub-Section 2 (g) provides for inspection of University. Section 26 deals with making of regulations. Under the said provision the Commission has the power to define the minimum standard of instructions for grant of any degree for any university. It has also been putforth that Clause (h) deals with regulating the institution under Clause (ccc) of Section 12 and other matters relating to such institution.
100. Submission of the learned counsel for the petitioners is that by virtue of legislation passed by the Parliament the State Government could have incorporated the University in question but it can not arrogate the powers itself to coordinate and determinate the matters relating to higher education and research. In this context Mr. Shrivastava, learned senior counsel has drawn our attention to the decision rendered in the case of Gujarat University and Anr. v. Shri Krishan Rangnath Mudholkar and Ors., AIR 1963 SC 703. The learned senior counsel has submitted that in Paragraph 24 of the said decision their Lordships have held that the State has the power to prescribe the syllabi and course of study in the institutions named in Entry 66 but the Parliament has the overriding legislative power to ensure that the syllabi and course of study prescribed and the medium selected do not impair standards of education. In the aforesaid case their Lordships were dealing with a situation before the amendment of Entry 11 in List II took place. The learned counsel has drawn inspiration from Paragraphs 25, 26 and 27 of the decision which we may profitably reproduce:
"25. Counsel for the University submitted that the power conferred by Item No. 66 of List I is merely a power to co-ordinate and to determine standards i.e., it is a power merely to evaluate and fix standards of education because, the expression 'co-ordination' means fixation. Parliament has therefore, power to legislate only for the purpose of evaluation and fixation of standards in institutions referred to in Item 66. In the course of the argument however it was somewhat reluctantly admitted that steps to remove disparities which have actually resulted from the adoption of a regional medium and the falling of standards, may be undertaken and legislation for equalising standards in higher education may be enacted by the Union Parliament. We are unable to agree with the contention for several reasons. Item No. 66 is a legislative head and in interpreting it, unless it is expressly or of necessity found conditioned by the words used therein, a narrow or restricted interpretation will not be put upon the generality of the words. Power to legislate on a subject should normally be held to extend to all ancillary subsidiary matters which can fairly and reasonably be said to be comprehended in that subject. Again there is nothing either in Item 66 or elsewhere in the Constitution which supports the submission that the expression 'co-ordination' must mean in the context in which it is used merely evaluation, co-ordination in its normal connotation means harmonising or bringing into proper relation in which all the things co-ordinate, therefore, is not harmonisc or secure relationship for concerted action. The power to harmonise or secure relationship for concerted action. The power conferred by Item 66 List I is not conditioned by the existence of a state of emergency or unequal standards calling for the exercise of the power.
26. There is nothing the entry which indicates that the power to legislate on coordination of standards in institutions of higher education, does not include the power to legislate for preventing the occurrence of or for removal of disparities in standards. This power is not conditioned to be exercised merely upon the existence of a condition of disparity nor is it a power merely to evaluate standards but not to take steps to rectify or to prevent disparity. By express pronouncement of the Constitution makers, it is a power to coordinate, and of necessity, implied therein is the power to prevent what would make coordination impossible or difficult. The power is absolute and unconditional, and in the absence of any controlling reasons it must be given full effect according to its plain and expressed intention. It is true that 'medium of instruction' is not an item in the legislative list. It falls within Item No. 11 as a necessary incidents of the power to legislate on education : it also falls within Items 63 to 66. In so far as it is a necessary incident of the powers under Item 66 List I it must be deemed to be included in that item and therefore, excluded from Item 11 List II. How far State Legislation relating to medium of instruction in institutions has impact upon co-ordination of higher education is a matter which is not susceptible, in the absence of any concrete challenge to a specific statute, of a categorical answer. Manifestly, in imparting instructions in certain subjects, medium may have subordinate importance and little bearing on standards of education while in certain others its importance and will be vital. Normally, in imparting scientific or technical instructions or in training students for professional course like law, engineering, medicine and the like existence of adequate text books at a given time, the existence of journals and other literature availability of competent instructors and the capacity of students to understand instructions imparted through the medium in which it is imparted are matters which have an important bearing on the effectiveness of instruction and resultant standards achieved thereby. If adequate text books are not available or competent instructors in the medium, through which instruction is directed to be imparted are not available, or the students are not able to receive or imbibe instructions through the medium in which it is imparted standards must of necessity fall, and legislation for co-ordination of standards in such matters would include legislation relating to medium of instruction.
27. If legislation relating to imposition of an exclusive medium of instruction in a regional language or in Hindi, having regard to the absence of text-books and journals, competent teachers and incapacity of the students to understand the subjects, is likely to result in the lowering of standards, that legislation would, in our judgment, necessarily fall within Item 66 of List I and would be deemed to be excluded to that extent from the amplitude of the power conferred by Item No. 11 of List II."
101. In this context the learned counsel have placed reliance on the decision rendered in the case of Osmania University Teachers Association v. State of Andhra Pradesh and Anr., AIR 1987 SC 2034. In the said case their Lordships were dealing with the validity of the Andhra Pradesh Commissionerate of Higher Education Act. The said Act was enacted in exercise of power conferred on the State Legislature under Entry 25 of List Ill/concurrent List of 7th Schedule of the Constitution. Under Section 11 of the said Act power was retained with the State authority to establish and develop the resources centres for curriculum materials and continuing education of teachers. It was also given ample power for establishment of linkages between the universities, industries and community development organisations. That apart power was given to control the academic activities of the various institutions of the higher education of the State. Their Lordships after referring to Entry 66 of List I and Entry 25 of the List III in Paragraphs 13 and 14 held as under:--
"13. Entry 25, List III relating to education including technical education, medical education and Universities has been made subject to the power of Parliament to legislate under Entries 63 and 66 of List I. Entry 66 List I and Entry 25 List III should, therefore, be read together, Entry 66 gives power to Union to see that a required standard of higher education in the country is maintained. The standard of Higher Education including scientific and technical should not be lowered at the hands of any particular State or States. Secondly, it is the exclusive responsibility of the Central Government to co-ordinate and determine the standards for higher education. That power includes the power to evaluate, harmonise and secure proper relationship to any project of national importance. It is needless to state that such a co-ordinate action in higher education with proper standards, is of paramount importance to national progress. It is in this national interest, the legislative field in regard to 'education' has been distributed between List I and List III of the Seventh Schedule.
14. The Parliament has exclusive power to legislate with respect to matters included in List I, The Slate has no power at all in regard to such matters. If the State legislates on the subject falling within List I that will be void, inoperative and unenforceable."
Thereafter their Lordships referred to the decision rendered in the case of Gujarat University (supra) and A D V College, Bhatinda v. State of Punjab, AIR 1971 SC 1731, and compared the State Act with the Central Act and eventually in Paragraphs 22 and 23 held as under:--
"22. We have extracted only such of the provisions similar to those contained in U.G.C, Act: That is not all. The Commissioncrate Act yet contains sweeping provisions encroaching on the autonomy of the Universities. Under Section 11(1)(c) it is for the Commissioncrate to decide on the need for, and location of new Colleges and courses of study including Engineering Colleges. Section 11(1)(f) provides power to the Commissionerate to establish and develop resources centre for curriculum materials and continuing education of teachers. Section 11(1)(g) confers power on the Commissionerate to co-ordinate the academic activities of various institutions of higher education in the State. It is also the duty of the Commissionerate to undertake examination reforms and assume accreditation functions [Section 11(h) and (i)] Section 11(1)(j) states that it is the duty of the Commissionerate to organise entrance test for University admission. Section 11(1)(k) states that it shall administer and grant scholarship and organise work study programmes. Section 11(1)(o) provides power to transfer teachers from one aided private college to another such college, subject to the rules made by the Government. There is yet a devastating provision on the autonomy of Universities. Section 11(2) states that every University or College including the private college shall obtain the prior approval of the Commissionerate in regard to: (i) creation of new posts; (ii) financial management; and (iii) starting of new higher educational institutions. This 'Super Power' has been preserved to the Commissionerate notwithstanding anything contained in any law relating to Universities in the State, the Board of Intermediate Education Act, 1971 and the Andhra Pradesh Education Act, 1982.
23. It will be seen that the Commissionerate has practically taken over the academic programmes and activities of the Universities. The Universities have been rendered irrelevant if not non-entities.
It is apparent from this discussion that the Commissionerate Act has been drawn by and large in the same terms as that of the UGC Act. The Commissionerate Act, as we have earlier seen also contains some more provisions. Both the enactments, however, deal with the same subject-matter. Both deal with the co-ordination and determination of excellence in the standards of teaching and examination in the Universities. Here and there, some of the words and sentences used in the Commissionerate Act may be different from those used in the UGC Act, but nevertheless, they convey the same meaning. It is just like referring the same person with different descriptions and names. The intention of the legislature has to be gathered by reading the statute as a whole. That is a rule which is now firmly established for the purpose of construction of statutes. The High Court appears to have gone on a tangent. The High Court would not have fallen into an error if it had perused the UGC Act as a whole and compared it with the Commissionerate Act or vice versa."
We must hasten to add that the aforesaid decision is slightly different inasmuch as the Commissionerate was given super powers relating to universities and the other state laws kept in the background but the fact remains that their Lordships have given immense emphasis on the functions of the University Grants Commission. It has power of inspection and such other ancillary matters. Before we advert to the real field of operation involved, we think it necessary to note certain decisions which were cited by Mr. Seth. The learned counsel for the State has placed reliance on the Constitution Bench decision of the Apex Court rendered in the case of R. Chitraleskha v. State of Mysore and Ors., AIR 1964 SC 1823. The Constitution Bench was dealing with Entry 66 of List I and Entry 1 of List II and in that context came to hold that the State Government has power to prescribe machinery and criteria for admission. In this context we may profitably reproduce the relevant portion of Paragraph 14. It reads as under:--
"....". 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 legislative power of the Parliament under the entry 'co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions' reserved to the Union, the State law may be bad. This cannot obviously be decided on speculative and hypothetical reasoning. If the impact of 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. It is not possible to hold that if a State Legislature made a law prescribing a higher percentage of marks for extra curricular activities in the matter of admission to colleges, it would be directly encroaching on the field covered by Entry 66 of List I of the Seventh, Schedule to the Constitution. If so, it is not disputed that the State Government would be within its rights to prescribe qualifications for admission to colleges so long as its action does not contravene any other law."
103. The learned State counsel has also drawn the attention of this Court to the three Judge Bench decision rendered in the case of Prem Chand Jain and Anr. v. R.K. Chhabra, AlR 1984 SC 981, wherein the Apex Court held that a definition of University and provisions of Section 23 of the UGC Act refer to Acts of the Central, Provincial or the State Legislature by which one or more universities are established or incorporated and not the institutions incorporated under a general statute providing for incorporation. Their Lordships further held that commercial university limited which was incorporated under the Companies Act could not be said to have satisfied the definition of 'university'. In this regard we may profitably refer to the observations of their Lordships as under :--
"The Act essentially intended to make provisions for the co-ordination and determination of standards in universities and that is squarely covered under Entry 66 of List I. While legislating for a purpose germane to the subject covered by that entry and establishing a University Grants Commission, Parliament considered it necessary, as a regulatory measure, to prohibit unauthorised conferment of degrees and diplomas as also use of the word 'university' by institution which had not been either established or incorporated by special legislation, Parliament could not be said to have entrenched upon legislative power reserved for the State Legislature. If an enactment substantially falls within the powers expressly conferred by the Constitution upon the legislature enacting it, it cannot be held to be invalid merely because it incidentally encroaches on matters assigned to another legislature."
104. In this context we may also profitably refer to the Constitution Bench decision rendered in the case of D.A.V. College, Bhatinda (supra) wherein their Lordships in Paragraph 11 held as under:--
"11. The State must therefore harmonise its power to prescribe the medium of instruction with the rights of the religious or linguistic minority or any section of the citizens to have the medium of instruction and script of their own choice by either providing also for instruction in the media of these minorities or if there are other Universities which allow such colleges to be affiliated where the medium of instruction is that which is adopted by the minority institutions, to allow them the choice to be affiliated to them. When the country has been reorganised and formed into linguistic States it may be the natural outcome of that policy to allow Colleges established by linguistic and religious minorities giving instructions in the medium of language adopted by the Universities in other States to affiliate to them or it if wants colleges including the minority institutions to be affiliated to it, to make provision for allowing instruction to be given and examination to be conducted in the media and script of the minorities when it imposes a regional language as the medium of instruction for the University. No inconvenience or difficulties, administrative or financial can justify the infringement of the guaranteed rights. It is also worthy of note that no State has the legislative competence to prescribe any particular medium of instruction in respect of higher education or research and scientific or technical instructions, if it interferes with the power of the Parliament under Item 66 of List I to co-ordinate and determine the standards in such institutions."
In Paragraph 17 their Lordships have further stated that the University can prescribe Punjabi as a medium of instruction but it can not prescribe it as the exclusive medium nor compel affiliated colleges established and administered by linguistic or religious minorities or by a section of the citizens who wish to conserve their language script and culture, to teach in Punjabi or take examinations in that language with Gurmukhi script.
105. We may profitably refer to the observation made by three Judge Bench of the Apex Court in the case of Raymond Limited and Anr. v. MPEB and Ors., (2001) 1 SCC 534, wherein their Lordships have expressed the opinion that the word used as an objective draws colour from the context and the word therefore, can not be construed in absolute terms. Thus, their Lordships have given immense emphasis on the context and the texture of the provisions. The said opinion was given while interpreting an adjective but we have no hesitation to apply the said principle while interpreting the present provision.
106. The learned counsel for the State has submitted that the proviso has been rightly introduced by the State legislature as it is within its legislative competence. We may usefully put it here that we have already referred to Entry 66 of List I of the Seventh Schedule which deals with determination and coordination. It has been held in the case of Prem Chand Jain and Anr. v. R.K. Chhabra, AIR 1984 SC 981, that the definition of 'university' given in Section 2(f) of the UGC Act is not ultravires on the ground that it is beyond the legislative competence of the Parliament. This Act has been enacted under Entry 66 of the Union List. The State Legislature has also power or competence to make law relating to university. Entry 66 lays stress on determination and coordination and determination and coordination includes standard of education. It is submitted by the learned counsel for the petitioners that as far as the standard of coordination is concerned, the same cannot be determined by the State Legislature. Mr. Seth has submitted that doctrine of pith and substance also should be made applicable. In view of the law laid down by the Parliament in the UGC Act, it is putforth by them a parallel legislation by the State is not permissible. In this context we may notice few decisions in the case of Express Highly Private Limited v. State of GUJarat and Anr., (1989) 3 SCC 677, their Lordships expressed the view as under :--
"We are dealing with an entry in a Legislative List. The entries should not be read in a narrow or pedantic sense hut must be given their fullest meaning and the widest amplitude and be held to extend to all ancillary and subsidiary matters, which can fairly and reasonably be said to be comprehended in them."
107. In the case of Synthetics and Chemicals Limited and Ors. v. State of U.P. and Ors., (1990) 1 SCC 109, it was held as under :--
"It is also well settled that widest amplitude should be given to the language of the entries in three Lists but some of these entries in different lists or in the same list may override and sometimes may appear to be in direct conflict with each other, then and then only comes the duty of the Court to find the true intent and purpose and to examine the particular legislation in question. Each genera! words should be held to extend to all ancillary or subsidiary matters which can fairly and reasonably comprehended in it. In interpreting an entry it would not be reasonable to import any limitation by comparing or contrasting that entry with any other in the same list."
108. In this context we may also note that in the case of Ganga Sugar Corporation Limited v. State of U.P. and Ors., AIR 1980 SC 286, wherein the Apex Court held the power of States to impose purchase tax on sugarcane under Item 54 in the Slate List despite central legislation by the Parliament under Entry 52 of the List I. From the aforesaid enunciation of law it is quite clear that an attempt has to be made to reconcile where reconciliation is possible depending upon the facts and circumstances of the case and power of a particular Legislature cannot be sabotaged. To elucidate, if the standard is to be fixed by Central Law made by the Parliament the same cannot be overtaken by the said Law. We may also note Entry 25 in the Concurrent List is subject to Entry 66 of the List I. As Entry 66 holds the field Entry 25 in this regard cannot come into play and hence the doctrine of pith and substance shall have no allowance.
109. In this context we may profitably refer to the decision rendered in the case of K.C. Gajapati Narayan Deo v. State of Orissa, (1954) SCR 1, wherein it has been held as under :--
"It may be made clear at the outset that the doctrine of colourable legislation does not involve any question of bona fides or malafides on the part of the legislature. The whole doctrine resolves itself into the question of competency of a particular legislature to enact a particular law. It the legislature is competent to pass a particular law, the motives which impelled it to act are really irrelevant. On the other hand, if the legislature lacks competency, the question of motive does not arise at all. Whether a statute is constitutional or not is thus always a question of power..... If the Constitution of a State distributes the legislative powers amongst different bodies which have to act within their respective spheres marked out by specific legislative entries, or if there arc limitations on the legislative authority in the shape of fundamental rights, questions do arise as to whether the legislature in a particular case has or has not, in respect to the subject-matter of the statute or in the method of enacting it, transgressed the limits of its constitutional powers. Such transgression may be patent manifest or direct, but if may also be disguised, covert and indirect and it is to this latter class of cases that the expression 'colourable legislation' has been applied in certain judicial pronouncements. The idea conveyed by the expression is that although apparently a legislature in passing a statute purported to act within the limits of its powers yet in substance and in reality it transgressed these powers, the transgression being veiled by what appears, on proper examination, to be a mere pretence or disguise."
In view of the aforesaid pronouncement of law we are of the considered opinion that law legislated by the State Legislature in this regard can not be saved by adopting the doctrine of pith and substance.
110. The most vital part which needs to be adverted to is whether the State Legislature has the jurisdiction to legislate in this regard. In this aspect the Parliament has already enacted the UGC Act. It has ample power to determine and coordinate the standard. The present university is a typical of its kind and leverage has been given to the University. Vide Annexure P-5 dated 24th August, 1998. The University Grants Commission notified the inclusion of the petitioner University in the list of universities maintained by the Commission under Section 2(f) of the 1956 Act. The said notification reads as under:--
"A new statutory University, namely "Maharishi Mahesh Yogi Vedic Vishwavidyalay", Jabalpur has been established by an Act of Madhya Pradesh State Legislature (Act No. 37 of 1995) and notified in the State Gazette vide No. 573 dated 29th November, 1995. The University has been included in the list of Universities, maintained by the UGC under Section 2(f) of the UGC Act, 1956.
The above university has, however, not been declared fit to receive central assistance in terms of Rules framed under Section 12-B of the Act, 1956."
111. The same was communicated to all concerned. It is apposite to mention here that in course of hearing it was told at the Bar that there is some correspondences between the UGC and Vice-Chancellor of the other universities of the State of M.P. with regard to the nomenclature of various degrees by the UGC. We are not dwelling upon that but taking note of the fact that the university has already been included in the list of universities of the UGC and, therefore, the Commission has the power to determine and coordinate the type of education that has to be imparted and the standard has to be maintained. Ordinance 15 has come into existence in accordance with law. A reference has been made to Annexure P-2A and P-2B the correspondences by the competent authority of the State Government to show that the competent authority had granted the permission for BCA Course. That apart a reference has been made to Annexure P-10 to show that the competent authority of the Higher Education in Paragraph 3 has clearly stated that the permission granted by the Jan Shakti Nogyojan would be deemed to be a permission by the Department of Higher Education and proceeded accordingly. We have referred to the aforesaid only to show that the Government was never taken unaware. That apart, there has been no challenge by the Government that the Ordinance 15 was not properly brought into existence. Be that as it may, it has been clearly pleaded that it was framed with the previous approval of the Management. The same has not been controverted in any manner in the return and hence, we need not to dilate on that. It is also apposite to mention that there is a document, letter dated 1-3-2001, Annexure P-16, written by the Advisor of All India Council for Technical Education, a statutory body of the Government of India wherein he has written to the Director/Registrar of Maharishi Mahesh Yogi Vishwa Vidyalaya to remove certain shortcomings/deficiencies within a particular time for establishment of their technical institutes. Any university can be granted permission by the UGC if norms are satisfied and the State Legislation has no role to play. Mr. Seth, learned Additional Advocate General has pointed out certain aspects, as contained in Annexure P-2, the Ordinance 15 to highlight that the certain subjects do not match the syllabi of Higher Education. At that juncture Mr. Shrivastava has referred to curriculum of universities of Rewa to show that certain courses are taught there which are also not of graduate/post-graduate level but they are regarded as higher education. The said position is not controverted by the leaned Additional Advocate General. We have already stated that the petitioner university has been imparting higher education. Once it is held that the university is imparting higher education, the coordination should be made by the UGC, more so, when the UGC has included the university in its list. In this backdrop when we come to the heart of the matter whether the proviso could have been added by the State Legislature or not, 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. As the Parliament has exclusive jurisdiction to enact the law pertaining to this field, the State Legislature cannot make law in that regard. It is apposite to state here that the proviso can be segregated into two parts. It is worthwhile to mention that the proviso stipulates that no course shall be conducted and no centre shall be established and run without prior approval of the State Government. As far as 'no course shall be conducted or run' is in a different compartment and "no centre shall be established" is encapsulate in a different compartment and both are subject to prior approval of the State Government, we may elucidate this aspect. As has been indicated hereinbefore the courses are conducted and existing centres arc run because of Ordinance No. 15. As far as the course part is concerned, we are inclined to hold that the same is beyond the legislative competence of the State Legislature and accordingly we declare that the proviso as far as it relates to the aspect "no course shall be conducted and run without prior approval of the Government" is ullravires being beyond the legislative competence of the State Legislature.
112. As far as the opening of new centres are concerned, though the learned senior counsel for the petitioners have tried to emphasise on the inconsistency part of it and penetrating role of the proviso we are of the view the said aspect would be subject to the State control as various other factors have a role to play. We are inclined to apply the doctrine of severability in this regard inasmuch as the concept of separability would be applicable inasmuch as the substance of the valid portion is in a different portion and the substratum of the invalid part is in a different realm. They are in two distinct and separate categories. We may hasten to add in the instant case, this is permissible as we are satisfied that reading the proviso in this manner is permissible under the basic concept of substantial severability. It has been submitted by Mr. Jain as well as Mr. Shrivastava that there is no guidelines in that regard. True it is, State Legislation has not spelt so but we lay down that if the approval is refused at any point of time for opening of new centres in respect of courses which already find place in Ordinance No. 15 and which may be further permitted by the Central Bodies which has the absolute authority to grant such permission, the State Government shall not refuse the permission unless it is absolutely warranted for cogent and germane reasons. Accordingly we hold this part of the proviso is intravires.
113. Next provision which is under assail is Sub-Section (2) of Section 9, The unamended and amended provisions read as under :--Unamended--
"9 (2). After the first Chancellor the Board of Management shall appoint a Chancellor from amongst persons of eminence and renowned scholar of Vedic Education, who shall hold office for a term of five years and shall be eligible for reappointment.
9 (2). After the first Chancellor, the Board of Management shall prepare and submit a panel of three persons to the State Government. Out of the panel one person shall be appointed as Chancellor by the Board of Management after obtaining the approval of the State Government. The Chancellor so appointed shall hold office for a term of four years and shall be eligible for re-appointment."
114. It is submitted by the learned senior counsel for the petitioners by this amendment the State Government has affected the functional autonomy of the University. It is also putforth that the same is arbitrary and unreasonable. To appreciate the aforesaid submission, we have carefully perused the provision. The original provision in the Act was that a person of eminence and renowned scholar shall be appointed for a period of five years and he could be reappointed. In the amended provision the term has been reduced but the eligibility for reappointment is retained. The change is that the Board of Management would submit a panel of three persons and out of the panel one person would be appointed by the Management, but the approval of the State Government is needed. Thus, we find the Board of Management has the power of recommendation and they can recommend a person who is a person of eminence and renowned scholar of Vedic education. The power retained by the State Government is only for approval. It is apposite to mention here Section 12 of M.P. Vishwavidyalay Adhiniyam, 1973 stipulates that Governor of Madhya Pradesh shall be the Chancellor of the University. Section 13 deals with appointment of Kulpati, the Vice-Chancellor and the Vice-Chancellor is to be appointed by the Chancellor from a panel of not less than three persons recommended by the Committee constituted under Sub-Section (2) or Sub-Section (6) of the said provision. True it is, the Chancellor has to be appointed on obtaining approval of the State Government. We are of the considered opinion that the said provision is neither arbitrary nor unreasonable. We do not perceive any irrationality in the same. In our view the same does not offend Article 14 of the Constitution nor does it pierce into the autonomy of the University.
115. Next provision which is challenged is Section 31-A which has been introduced by way of amendment. The said provision reads as under :--
"31-A. (1) The sponsoring body shall establish a fund called Permanent Endowment Fund in which it shall invest and keep invested in securities issued or guaranteed by the State Government.
(2) The Permanent Endowment Fund shall consist of a sum of rupees two and half crores a sum equivalent to the recurring expenses for three years whichever is more to be kept in long term interest bearing securities of the State Government or any such other securities as the State Government may approve in this behalf."
116. It is submitted by the learned counsel for the petitioners that when the University has spent more than 60 crores in its infrastructure and running of the centres, there is no justification for creation of this permanent endowment fund. It is also putforth that the amount fixed by it is absolutely arbitrary and there is no necessity for the same. In oppugnation it is submitted by Mr. Seth that creation of fund is for the benefit of the employees of the university. Learned counsel for the parties addressed at length with regard to the purpose behind it. We have bestowed our anxious consideration to the pros and cons of the submissions. The main plank of argument of Mr. Jain and Mr. Shrivastava is that when so much money is spent and there is no sponsoring body there is no necessity to cast such an obligation which per se seems unreasonable. We may hasten to add that such an aspect is also within the legislative competence of the State Legislature. It cannot be forgotten that this is a University of its own kind and therefore, a different type of provision has to be conceived of. Law cannot be laid down in a strait jacket formula. Law is not logic. Law has to progress with the passage of time and become a part of life. When a University is established and it is self financing the State Government, irrefragably can make a provision of this nature. Hence, we do not find any unconstitutionalily in the aforesaid provision.
117. The next provision under challenge is Section 31-B. The said provision reads as under:--
"31-B. The University shall also have a fund called the General Fund which shall consist of--
(a) fees and other charges received by the University;
(b) income from the Permanent Endowment Fund;
(c) income from any other sources; and
(d) any contribution made by the sponsoring body."
It is submitted by the learned counsel for the petitioners that creation of a general fund is wholly unnecessary as the University has its own fund to manage its affairs. It is putforth that sources from which the general fund is to be constituted cannot be imposed upon the Constitution.
Mr. Seth has submitted in the similar manner to defend the aforesaid provision. We also notice that there is no restriction or remora for utilisation of this fund. In absence of it we have no hesitation in upholding the validity of the said provision.
118. Next area of assail is Section 31-C. The said provision reads as under:--
"31-C. The University shall not be entitled to receive grant-in-aid or other financial assistance from the State Government or from any other institution owned or controlled by it."
119. It is submitted by Mr. Shrivastava, learned senior counsel that the petitioners will not be in a position to avail any loan or financial assistance from the bank or any other financial institutions and such a provision has no nexus with the objectives to be achieved and is absolutely irrational and discriminatory. Mr. Seth, per contra, has submitted that Section 31-C has been inserted to see that the petitioner does not claim any grant-in-aid at any point of time. When a question was put to the learned counsel for the petitioners whether they are keen to receive grant-in-aid or other financial assistance from the State Government or from any other institutions owned or controlled by it, their answer was a categorical no. On the contrary, they said that there is apprehension that they might not be able to avail any loan. The provision only relates to receipt of grant-in-aid and financial assistance from the State Government or from any other institutions owned or controlled by the State. We would like to clarify this provision by saying that the said provision will not debar the petitioners to avail any loan from the Bank or any other financial institutions. It will be not legally permissible to deny a person by law to be given loan, unless certain conditions precedent are attached. We need not get into that sphere. We uphold the provision by adding a clarificatory note, that the petitioners would not be entitled to grant-in-aid and other financial assistance which is non-refundable but would be entitled to avail loan from the Bank or any other financial institutions, even if they arc owned or controlled by the State Government.
120. The next provision which requires to be dealt with is Section 37-A. The said provision reads as under:--
"37-A. (1) If the Slate Government notices violations of any of the provisions of this Act and the directions issued by it to the University under this Act or on receipt of a complaint of mismanagement by the University, it shall issue a notice to the University calling upon the university to show cause within such time not less than forty five days as to why the diplomas or certificates to be granted or degrees and other academic distinction to the conferred should not be ordered to be derecognised by the State Government.
(2) If, upon receipt of the reply of the University to the notice under Sub-Section (1), the State Government is satisfied that aprima facie case of mismanagement or violation of the provisions of this Act or any directions issued thereunder is made out, it shall order such inquiry as it may deem necessary.
(3) For the purpose of any inquiry under Sub-Section (2), the State Government shall, by notification in the Official Gazette appoint an officer or authority as the inquiring authority to inquire into and report upon the allegations, (4) Every inquiring authority appointed under Sub-Section (3) shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (No. 5 of 1908) while trying a suit in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any witnesses and examining him on oath;
(b) requiring the discovery and production of any document or other material which is producible as evidence;
(c) requisitioning of any public record any Court of office;
(d) any other matter which may be prescribed by rules.
(5) Every inquiring authority making an inquiry under this Act shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (No. 2 of 1974).
(6) If, upon receipt of the inquiry report the State Government is satisfied that the University has been mismanaged or has violated any of the directions of the State Government or provisions of this Act, it shall by notification in the Official Gazette, order derecognition of the diplomas or certificates to be granted or degree and other academic distinctions to be conferred from the ensuing session.
(7) Every notification issued under Sub-Section (6) shall be laid before the Madhya Pradesh Legislative Assembly."
121. Learned counsel for the petitioners have submitted that the aforesaid provision is absolutely arbitrary, irrational and unreasonable and, in fact, legally cannot be conceived of. Learned counsel submitted that the Stale Government cannot derecognise the diplomas or certificates to be granted or degree or other academic distinction to be conferred from the ensuing session.
It is submitted by the learned counsel for the petitioner the mismanagement, in any manner, has nothing to do with cancellation or derecognition of diplomas or degrees.
122. It is submitted that the concept of mismanagement suffers from vagueness as vagueness could be. On the contrary, it is submitted by Mr. Seth that Section 37-A is not repugnant to the concept of education in a university. Justification has been given by him that the University can teach any course and mismanage the whole affairs. On a reading of the aforesaid provision in proper perspective we find that the explanation given by the respondents is totally unacceptable. True it is, Section 37-A embodies the principle of natural justice, but we fail to fathom how the violation of the provision of this Act would entail in passing of an order of derecognition or the diploma or certificates to be granted from the ensuing session. To give a hypothetical example : we have upheld the vires of creation of permanent endowment fund as well as general fund. Assuming the University violates the conditions enshrined in Section 31-B and does not establish a permanent fund. How that can be a relevant factor to take such drastic action ? It is the students who prosecute their studies to obtain diplomas or degrees. In fact, the M.P. Vishwavidyalaya Adhiniyam, 1973, when there is mal-administration or financial mismanagement, the power is given to the State Government under Sections 51 and 52. Section 52 deals with the power of the State Government to apply Act in modified form with a view to provide for better administration of University in certain circumstances. On a perusal of Sections 51 and 52 we notice that a provision of this nature is not there. We have only referred to the said provision to appreciate the situation. In our considered view, the whole section does not stand to reason and, in fact, apparently arbitrary and is discriminatory and shocks the conscience of Article 14. It is well settled in law that if on wholesome reading of the statute in entirety if the arbitrariness in respect of a provision is writ large it should be declared ultravires. This is more when the provision is discriminatory as it creates a discrimination between the petitioner University and the other University created under the M.P. Vishwavidyalaya Adhiniyam, 1973.
123. The next provision that requires to be dealt with is Section 37-B of the Act. It reads as under :--
"37-B. The State Government shall have the following powers, namely--
(a) to approve the appointment of Chancellor;
(b) to issue directions to do anything required to be done by the University under the provisions of this Act, Rules, the Statutes, or the ordinances made thereunder or to rectify any violation thereof;
(c) to adjudicate disputes under this Act between the University, the Commission or any other expert body and to issue directions to comply with its decisions on such disputes;
(d) to order framing of Statutes under Section 24 on particular subjects;
(e) to generally issue such orders as may be required to be followed by the University under this Act or any other law for the time being in force."
124. Assailing the constitutional validity of the aforesaid provision it is submitted by the learned counsel for the petitioners that by incorporation of such a provision the State Government has really made an adroit endeavour to create an impediment in the autonomous functioning of the University. Mr. Seth, on the contrary, has submitted that the said provision has been incorporated by way of amendment so that the authorities of the University do not behave as if they are in the world of fancy.
125. To appreciate the rival submissions raised at the Bar we have carefully scanned each part of the provision. As far as Section 37-B (a) is concerned it confers power on the Government to approve the appointment of the Chancellor. The said power of the State Government occurs under Section 9 (2) of the Act, the validity of which we have already upheld. Hence, the said provision, in our opinion, does not suffer from vice of any unconstitutionality.
126. As far as Section 37-B (b) is concerned the power has been conferred on the State Government to issue direction to anything required to be done by the University under the provisions of the Act, Rules etc. Or rectify any violation thereof. The University cannot have any quarrel over conferment of such power. The University is supposed to follow and be guided by law. It cannot, in the name of autonomy claim to be above law. The State Government has only retained the power with it to issue any direction as per relevant law, As such the said power is neither arbitrary nor unreasonable. It cannot be said that by such power the State Government has entrenched upon the independence of the University.
127. As far as Section 37-B (c) is concerned the Government has become the repository of power to adjudicate any dispute under this Act between the University and the Commission or any other expert body or to issue directions to comply with its decisions of such disputes. Commission has been defined under Section 2(ff). As the University Grants Commission has been established under the UGC Act, it is totally inconceivable, how the State Government can become an arbiter between the University and the Commission and also issue directions to comply with the decisions. By this provisions the role of the Commission under the UGC Act is marginalised. The UGC is con stituted under the Central Law. The State Legislature cannot make a provisior which will take away the powers of the Commission. As far as the expert body is concerned the inclusion of the same in this section and making the State Government an arbitrator is absolutely unreasonable and amounts to a deceptive piece of legislation, if we say so. Thus we are unable to uphold the constitutional validity of Section 37-B (c) and accordingly we strike down the same.
128. As far as Section 37-B (d) is concerned it deals with issuing directions to frame Statutes under Section 24 of particular subject. It is submitted by the learned senior counsel for the petitioner that the Statutes are to be made in accordance with the Act. Thus, we uphold the provision, We only clarify the subject as mentioned under Section 37-B (d) would be relatable to the permissible parameters of the Act which has been upheld by us,
129. As far as Section 37-B (d) is concerned the said provision confers power on the State Government to generally issue such orders as may be required to be followed by the University under this Act or any other law for the time being in force. The first limb of the Section does not create any problem inasmuch as we have upheld the validity of Section 37-B (b) of the Act. As far as the words 'any other law for the time being in force' is concerned, the learned counsel for the petitioners have raised an enormous complaint. It is their submission, that there cannot be directions to the University to comply with the provision under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 or for that matter Workmen Compensation Act, 1923 and such other statutes. It would create a very peculiar and anomalous situation. The State Government cannot arrogate such powers to itself. The University as a juristic person is entitled to contest the proceedings under any enactment and the State Government cannot issue orders to follow any law for the time being in force. If the University does not follow it has to face the consequences.
130. Mr. Seth, learned Additional Advocate General for the State could not enlighten us much in this regard. After bestowing our anxious consideration we would like to read down the provision to the extent that the words "any other law for the time being in force" has to be read as any other law which is made under this Act. To clarify, rules, regulations and notifications are made under this Act are also law and the State Government can indubitably issue directions to follow the said law. We are of the considered opinion the aforesaid provision has to be read in that manner to be upheld.
131. In view of our preceding analysis we arrive at the following conclusions :--
(a) The amended provision under Section 4 (i), as far as it adds the word 'only' and deletes the words 'dissemination of knowledge', Sections 9 (2), 31-A (1) and (2), Sections 31-B, 31-C, 37-B (a), 37-B (b), 37-B (d) and 37-(B) (e) as intravires.
(b) The proviso to Section 4 is intravires, as far it provides no centres shall be established without prior approval of the State Government and no centre would mean no further centres excluding the existing ones.
(c) The aforesaid proviso as far as it stipulates that no courses shall be conducted or run without prior approval of the State Government is ultravires as far as it relates to the present stream of courses and the existing centres.
(d) Section 37-A is ultravires in entirety.
(e) Section 37-B (e) is not ultravires.
132. Before we part with the case we may profitably refer to the last paragraph of the decision rendered by their Lordships in the case of Osmania University Teachers Association v. State of A.P., AIR 1987 SC 2034. It reads as under:--
"The Constitution of India vests Parliament with exclusive authority in regard to coordination and determination of standards in institutions for higher education. The Parliament has enacted the UGC Act for that purpose. The University Grants Commission has, therefore, a greater role to play in shaping the academic life of the country. It shall not falter or fail in its duty to maintain a high standard in the Universities. Democracy depends for its very life on a high standard of general, vocational and professional education. Dissemination of learning with search for new knowledge with discipline all round must be maintained at all costs. It is hoped that University Grants Commission will duly discharge its responsibility to the Nation and play an increasing role to bring about the needed transformation in the academic life of the Universities."
We are referring to the same as the UGC is ascribed a purposive role in maintaining the standard of the University. We say no more on this score and leave it to the UGC.
133. We are compelled to quote the aforesaid paragraphs to remind the commission its duties, This Court hopes and trusts that the Commission shall rise to the occasion and do its duty as warranted in law.
134. Consequently the writ petition is allowed in part. However, there shall be no order as to costs.