9911796707
TMI Blog2013 (7) TMI 1044X X X X Extracts X X X X X X X X Extracts X X X X ..... ons 2, 4, 9 and 17, as well as insertion of Sections 31-A, 31-B, 31-C, 37-A, 37-B to the Maharshi Mahesh Yogi Vedic Vishwavidyalaya Adhiniyam, 1995 (Act No.37 of 1995), hereinafter referred to as 1995 Act . The amendment was by way of Amendment Act No.5 of 2000, hereinafter called the Amendment Act . 2. The Division Bench upheld the amendment to Section 4(1) of 1995 Act. The Division Bench also held that the amendment to Sections 9(2), 31-A(1) and (2), 31-B, 31-C, 37-B(a), 37-B(b), 37- B(d) and 37-B (e) are intra-vires. The Division Bench further held that the proviso to Section 4 is intra-vires, as far as it provides that no Centres shall be established without prior approval of the State Government and no centre would mean no further Centres excluding the existing ones. The Division Bench further held that the said proviso as far as it stipulated that no courses should be conducted or run without the prior approval of the State Government is ultra-vires, as far as, it related to the present stream of courses and the existing Centres. Section 37-A was held to be ultra-vires in its entirety. Section 37-B (e) was held to be not ultra-vires. 3. To understand the scope of chal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as administrative posts; to co-operate or collaborate with any other University or authority; to establish other campus, special centers, specified laboratories etc., to institute and award fellowships, scholarships etc., to establish and maintain colleges and institutions; to make provision for research and advisory service; to organize and conduct refresher courses; to make special arrangements for teaching women students; to appoint on contract or otherwise visiting professors, scholars; to confer autonomous status on a college or an institution or a department; to determine standards of admission of the University etc.; to fix quota for reserved class students; to demand and receive payment of fees and other charges; to take care of the hostels of the students with other inmates of the college; to lay down conditions of service of all categories of employees; to frame discipline; to receive benefications, gifts, etc., and to do all such other acts and things as may be necessary, incidental or conducive for attainment of all or any of its objects. 6. Section 5 states that the jurisdiction of the University would extend to the whole of the State of Madhya Pradesh. The status ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Maharshi Mahesh Yogi, who was the man behind the institution and was an inspiration, if we may say so, for the establishment and effective functioning of it. The State Government came forward to pass the legislation for establishing the appellant University on his initiative and persuasion. It was his vision of spreading total knowledge on the holistic interpretation of the Vedas and it must be stated that his move to propagate natural law and technology of consciousness was very laudable. It is stated that he was instrumental for establishing many such Universities at various places throughout the world. Therefore, it was his vision, as well as mission, to establish this University with the laudable object of spreading the holistic principle enshrined in the Vedas, Upvedas, Agam Tantra, Itihas, Puranas, as well as Gyan-Vigyan. 9. The purport of establishing this University at his instance was to ensure that the ancient knowledge embedded in those Vedas, Upvedas, Agam Tantra, Itihas, Puranas etc., are kept intact and the wealth of knowledge contained in these Vedas, Upvedas etc., are not only spread by establishing an institution, but by teaching them through well establish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch, as regards the in-depth contents in Vedas can be profitably referred to by extracting paragraph 33 of the judgment of the Division Bench, which reads as under: 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 knowledge which has been achieved, had been perceived by the ancient 'Drastas'. The memories of cells, which is the modern discovery finds place in the wise men of the past. The Psychology, Psychiatry, Neurology had also been adverted in their own way in the Shastras. Presently scholars recognize one continuous shining background which had its base is the pure consciousness. Thoreau, the eminent thinker, realised this and expressed so through his writing, Psychological quiescence is not unknown to the ancients. The principle that there cannot be difference between the body and mind was found by them. The great American, Emerson expressed : They reckon ill who leave me out; When me they fly I am the wings; I am the doubter and the doubt, And, I the hymn the Brahamana sing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ested on the basis of objectivity, through the senses. He would elaborate his idea by stating that while science relies on senses, Vigyan i.e. Vishesh Gyan, can be acquired through mind . Therefore, Vigyan is more than science as mind is more than senses. He would conclude his analysis by saying that Gyan both in terms of its metaphysical and spiritual meaning, is acquired through consciousness and that it is more than Vigyan as consciousness is more than mind . If the analysis made by the writer is understood, it can be held that if one represents senses, mind and consciousness in terms of three concentric circles, we may observe that radius of consciousness is larger than the radius of the mind and radius of mind is larger than the radius of the senses. 16. He would therefore, conclude by saying that just as senses, mind and consciousness are interconnected, the three circles of science, Vigyan and Gyan are also interconnected. It can therefore be safely stated that Gyan Vigyan would be nothing but a systematic study of science through senses, by applying one s mind with absolute consciousness. 17. Keeping the above perception about the basics of Vedas i.e., Upv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iture as on 31.03.2000, was stated to be ₹ 12.74 crores. Besides this, the recurring expenditure was also of an equal sum. After its commencement, it is stated that 3006 students, who received education from the University, were conferred with certificates/diplomas and degrees. In the academic year 2000-01, the student strength was stated to be 3136 and that it has also awarded Ph.D degrees to 10 students, while 70 other students were pursuing their doctorate education by enrolling themselves with the University. Amongst the 70 students who enrolled themselves for pursuing their doctorate courses in the University, 46 students were granted scholarship in the range of ₹ 1500 to ₹ 2000 per month. 20. In the rejoinder affidavit filed in the High Court, the University further claimed that it has ₹ 60 crores deposit and has realized a sum of ₹ 2.5 crores by way of tuition fees and stated that the University has invested huge sums for the purpose of imparting education in Vedas, as well as in other science and art subjects, which according to the University were essential requirements to be established for the purpose of attaining its objectives. 21. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its future.' Accordingly the 21st Century is termed as the century of knowledge . 23. Mr. Will Durrant defines 'education' as the 'transmission of civilization'. George Peabody has defined 'education' as a debt due from present to future generations . Education confers dignity to a man. The significance of education was very well explained by the US Supreme Court first, in the case of Brown V Board of Education 347 U.S. 483(1954), in following words: It is the very foundation of good citizenship. Today, it is principal instrument in awakening the child to cultural value, in preparing him for later professional training and in helping him to adjust normally to his environment. Hence, it is said that a child is the future of the nation. 24. A private organization, named the International Bureau of Education, was established in Geneva in 1924 and was transformed into an inter-governmental organization in 1929, as an international coordinating centre for institutions concerned with education. A much broader approach was chosen, however with the establishment of UNESCO in 1945. United Nations, on 10th December, 1998 adopted the Universal Declarati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ears. 29. Further, Article 46 declares that the state shall promote with special care the educational and economic interests of the weaker sections of the people. It is significant to note that among several Articles enshrined under Part IV of the Indian Constitution, Article 45 had been given much importance, as education is the basic necessity of the democracy and if the people are denied their right to education, then democracy will be paralyzed; and it was, therefore, emphasized that the objectives enshrined under Article 45 in Chapter IV of the Constitution should be achieved within ten years of the adoption of the Constitution. By establishing the obligations of the State, the Founding Fathers made it the responsibility of future governments to formulate a programme in order to achieve the given goals, but the unresponsive and sluggish attitude of the government to achieve the objectives enshrined under Article 45, belied the hopes and aspirations of the people. However, the Judiciary showed keen interest in providing free and compulsory education to all the children below the age of fourteen years. In the case of Mohini Jain V State of Karnataka and others - (1992) 3 SCC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paralyses effort, liberation from prejudices which blind the Vision of the Truth. (Emphasis added) 31. Further, this Court in M.C. Mehta V State of Tamil Nadu and others reported in (1996) 6 SCC 756, observed that, to develop the full potential of the children, they should be prohibited from doing hazardous work and education should be made available to them. In this regard, the Court held that the government should formulate programmes offering job oriented education, so that they may get education and the timings be so adjusted so that their employment is not affected. 32. Again in Bandhua Mukti Morcha V Union of India and others, reported in (1997) 10 SCC 549, Justice K. Ramaswamy and Justice Saghir Ahmad observed that illiteracy has many adverse effects in a democracy governed by a rule of law. It was held that educated citizens could meaningfully exercise their political rights, discharge social responsibilities satisfactorily and develop sprit of tolerance and reform. Therefore, compulsory education is one of the essentials for the stability of democracy, social integration and to eliminate social evils. This Court by rightly and harmoniously construing the provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e a very great accomplishment, it is still a matter of concern that still so many people in India cannot even read and write. The number of children who do not get education especially in the rural areas are still high. Though the government has made a law that every child under the age of 14 should get free education, the problem of illiteracy is still at large. 36. Now, if we consider female literacy rate in India, then it is lower than the male literacy rate, as many parents do not allow their female children to go to schools. They get married off at a young age instead. Though child marriage has been lowered to very low levels, it still happens. Many families, especially in rural areas believe that having a male child is better than having a baby girl. So the male child gets all the benefits. Today, the female literacy levels according to the Literacy Rate 2011 census are 65.46%, where the male literacy rate is over 80%. The literacy rate in India has always been a matter of concern, but many NGO initiatives and government ads, campaigns and programs are being held to spread awareness amongst people about the importance of literacy. Also the government has made strict rules ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the society in order to ensure that the orderly society emerges, which would pave the way for a decent and safe living for every human being who is part of the society. 41. We can usefully refer to the importance of the education as highlighted by the seven Judge Bench of this Court in P.A. Inamdar and others V. State of Maharashtra and others (2005) 6 SCC 537. In paragraphs 81, 85 and 90, it has been held as under: 81. Education according to Chambers Dictionary is bringing up or training; strengthening of the powers of body or mind; culture . 85. Quadri, J. has well put it in his opinion in Pai Foundation: 287. Education plays a cardinal role in transforming a society into a civilised nation. It accelerates the progress of the country in every sphere of national activity. No section of the citizens can be ignored or left behind because it would hamper the progress of the country as a whole. It is the duty of the State to do all it could, to educate every section of citizens who need a helping hand in marching ahead along with others. 90. In short, education is national wealth essential for the nation s progress and prosperity. 42. The following q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion Act, 1956. The same was addressed by way of a communication to the University Grants Commission dated 24.08.1998, in and by which, the inclusion of the appellant University in the schedule to the University Grants Commission Act, 1956 was notified. One other factor which is also to be kept in mind is that by virtue of the provisions contained in the un-amended Act, the appellant University also opened up as many as 55 centers in which an average of 35 students stated to have got themselves enrolled to pursue various courses of study. 46. Keeping the above factors and details in mind, when we examine the challenge made in the writ petition, in the forefront, the challenge was to the amendment, which was made to Section 4(1) of the 1995 Act. 47. The next challenge was to the proviso to Section 4 and the third crucial challenge was to the amendment to Section 9(2) of the 1995 Act. In fact, Mr.Nagaeshwara Rao, learned senior counsel for the appellant in his submissions, mainly concentrated on the above three aspects on which the amendments impinge upon the rights of the appellant. 48. In the first instance, we wish to take up the amendment to Section 4(1) of the Act. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the above fields and in these fields may , the State Legislature apparently wanted to restrict the scope of providing instructions to its students only in respect of studies in branches of Vedic learning and practices, including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and also the promotion and development of study of Sanskrit, which was left to be determined by the University. It was also entitled to make provisions for research and for the advancement in the fields mentioned above. By omitting or by deleting the set of expression dissemination of knowledge , apparently the State Legislature wanted to give a thrust to its intendment of restricting the scope of study in the appellant University to Vedic instructions and its allied subjects. By taking up the deletion of the expression dissemination of knowledge , by way of the amendment as stated earlier, the State Legislature wanted to restrict the scope of study in the appellant University to Vedic instructions alone. The expression dissemination of knowledge is, to put it precisely, the spreading of knowledge over wide frontiers. Going by the dictionary meaning and to put it differently, dissemin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as much as education is a subject contained in Entry-66 of List-I and is already governed by the central legislation viz., the University Grants Commission Act, 1956 and therefore, the State was incompetent to restrict the scope of education in various fields by bringing out an amendment, as has been made in Act 5 of 2000. 53. To support the above submission, the learned senior counsel by referring to the Preamble of 1995 Act contended that the Act was enacted to provide for education primarily and prosecution of research in Vedic learning and practices, apart from providing for matters connected therewith or incidental thereto. The submissions of the learned senior counsel was that going by the Preamble to the enactment, the purport of the legislation was to provide education in all fields in the forefront, apart from prosecution of research in Vedic learning and practices. The learned senior counsel would contend that the said submission was rejected by the Division Bench by restricting the consideration to the words preceding the expression dissemination of knowledge and by applying the principle Noscitur A Sociis. The learned senior counsel would contend that such an appr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only seeks to interfere with its independence by casting onerous conditions on the appellant to submit a panel of three persons to the State Government, and by empowering the State Government to grant its approval as a precondition for the appointment of the Chancellor. According to the learned senior counsel such a condition imposed was highly arbitrary and therefore, was liable to be set aside. 57. The learned senior counsel therefore, contended that the insertion of the word only in Section 4(1) of the Act, was made by simultaneously deleting the expression dissemination of knowledge and thereby, the un-amended provision has been made meaningless. According to the learned senior counsel, the conclusion of the Division Bench that even without the deletion, the position remains the same, was not correct because every word in the legislation has a purpose and the principle Noscitur A Sociis was not applicable to the case on hand because the term dissemination of knowledge is of wider import. 58. The above proposition of law as contended by the learned senior counsel has been widely dealt with by this Court in a catena of decisions right from State of Bombay and others ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d counsel pointed out that the degree of autonomy granted to the appellant University, as compared to other Universities was limited in scope. 62. The learned counsel also referred to the object and scope of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Act 22 of 1973) in particular to the Objects and Reasons and contended by making reference to the object of the said Act, which purported to consolidate and amend the law relating to Universities and to make better provisions for the organization and administration of Universities in Madhya Pradesh. The learned counsel further contended that the various provisions of the said Act viz., Section 4(17), Section 6 (1) (8), Sections 7, 12, 24, 25, 26 and 39 provides the required authority to the State Government to regulate the manner of functioning of the Universities in the State of Madhya Pradesh, including the appellant University. 63. As far as the legislative competence is concerned, the learned counsel referred to Entries 63 to 66 of List-I, which deals with Coordination and determination of standards in institutions for higher education or research and scientific and technical institutions . By referring to Entry 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions. In support of her submission, the learned counsel relied upon the decisions reported in AIR 1964 SC 1823 (R. Chitralekha Vs. State of Mysore), 1963 Supp (1) SCR 112 (The Gujarat University, Ahmedabad Vs. Krishna Ranganath Mudholkar and Ors), 1987 (3) SCR 949 (Osmania Universtity Teachers Association Vs. State of Andhra Pradesh and Anr.) and (1999) 7 SCC 120 (Dr. Preeti Srivastava and another Vs. State of M.P.). The learned counsel also relied upon (2009) 4 SCC 590 (Annamalai University Vs. Secretary to Government, Information and Tourism Department) and (2004) 4 SCC 513 (State of Tamil Nadu Vs. S.V.Bratheep). 66. The sum and substance of the submissions of the learned counsel for the State was that the state had competence to legislate by introducing the amendments, that the autonomy of the appellant University was also subject to the regulation by the State and that the only thing to be ensured was that such regulatory measures should be reasonable and in consonance with Article 19(1)(j) of the Constitution. 67. On the proviso to Section 4, the learned counsel contended that so long as the Centre is connected with the establishment of University, it would fall under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ects was made in the opening sentence, the University was not established under the 1995 Act, only for the purpose of imparting education in Vedas alone, but it was intended for spreading the knowledge of Vedas and simultaneously to teach Sanskrit, science and technology and also as specifically mentioned in Section 4, for spreading of knowledge in all fields. In fact, in the pursuit of our above perception, we have quoted extensively the view points of various personalities, as well as the importance of education and the various constitutional provisions, which were incorporated mainly with a view to spread education in the independent India in order to ensure that the Society is enlightened and by such enlightenment the rights of the people and orderly society is ensured in this Country. Also while referring to a decision of this Court rendered in Mamata Mohanty (supra), the importance of imparting education is emphasized as hereunder: 29. Education is the systematic instruction, schooling or training given to the young persons in preparation for the work of life. It also connotes the whole course of scholastic instruction which a person has received. Education connotes the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provision viz., providing for instruction in all branches of Vedic learning . 72. As against the above submission, Ms. Makhija the learned counsel for the State would contend that having regard to the manner in which the provision has been couched, it will have to be read conjunctively and not disjunctively. 73. Both the learned counsel referred to the Preamble in support of their submissions. When we refer to the Preamble of the 1995 Act, we find that it has been stated that an Act to establish and incorporate a University in the State of Madhya Pradcsh and to provide for education and prosecution of research in Vedic learnings and practices and to provide for matters connected therewith or incidental thereto. Here again, while Mr.Nageshwar Rao the learned senior counsel would contend that the expression and used clearly distinguish each set of expression, according to the learned counsel for the State, the same will have to be read conjunctively. 74. Having considered the various submissions and the analysis made based on detailed circumstances leading to the intricacies of Vedas, the field it covers, as noted by the Division Bench, as well as the concept of ed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... als in Vedas, which pertains to seed production, crop production, sericulture, health care, management, beauty culture, marketing and accounting. In fact, according to the Maharshi, who was the man behind the establishment of the appellant University, in order to develop the limitless inner potential of students and teachers, the only solution is education and to achieve that end, according to him, ancient Vedic sciences have to be revived and the knowledge for systematic unfolding the range of human consciousness. In fact, this knowledge was stated to be Maharshi technology of the unified field, which included Transcendental Meditation and Transcendental Meditation Siddhi Programmes. It is also stated that Transcendental Meditation is learnt by more than three million people worldwide and implemented in public and private educational institutions in more than 20 countries through Universities, colleges, schools and educational institutions. Therefore, considering the very purport and intent of the Maharshi, who relentlessly fought for the establishment of the appellant University for nearly four decades and ultimately achieved the said objective for establishing the University, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Gyan Vigyan is nothing but a systematic study of science through senses by applying one s mind with absolute consciousness. If it is the meaning to be attributed to the expression Gyan Vigyan , it will have to be held that the said expression used in Section 4(1) cannot be restricted to a mere study on Vedas and its practices. Such a narrow interpretation will be doing violence to the whole concept of Gyan Vigyan, which as explained by Dr. Subash Sharma, is the combination of human senses, mind and consciousness, which should be applied to every aspect of human life, which would include all other academic subjects viz., science, mathematics, philosophy, management, etc. 78. In this context, when we refer to the expression promotion and development of the study of Sanskrit as the University may from time to time determine , we find that even indisputably the said provision for the study of Sanskrit is totally unconnected to the learning of Vedas and its allied subjects, except that the scripts of Vedas may be in Sanskrit. For that purpose, there need not necessarily be a specific provision to the effect that there should be promotion and development of the study of Sanskrit. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch a restriction by way of an amendment to Section 4(1). 80. Having regard to our fundamental approach to the issue raised in this appeal and our conclusion as stated above, we are convinced that the arguments based on the Legislative competence also pales into insignificance. Even without addressing the said question, we have in as much found that by virtue of the amendment introduced to Section 4(1), an embargo has been clearly created in one s right to seek for education, which is a Constitutionally protected Fundamental Right. Therefore, there was a clear violation of Articles 14 and 21 of the Constitution and consequently, such a provision by way of an amendment cannot stand the scrutiny of the Court of Law. To support our conclusion, we wish to refer to the following decisions rendered by this Court, right from Mohini Jain case, viz., (i) Society for Unaided Private Schools of Rajasthan v. Union of India- (2012) 6 SCC 1 (ii) Bhartiya Seva Samaj Trust v. Yogeshbhai Ambalal Patel - (2012) 9 SCC 310 (iii) State of T.N. v. K. Shyam Sunder (2011) 8 SCC 737 (iv) Satimbla Sharma v. St. Paul's Sr. Sec. School (2011) 13 SCC 760 (v) Ashoka Kumar Thakur v. Union o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 University. (Emphasis added) 83. The above sentence amply establishes that dissemination of learning is for acquisition of knowledge in every kind of discipline and that such a perception should be maintained at all cost. We therefore, hold that dissemination of knowledge as it originally stood in Section 4(1), which was deleted by way of the Amendment Act 5 of 2000, caused havoc by restricting the scope of acquisition of knowledge to be gathered by an individual from the facilities made available in the appellant University. We make it clear that it can never be held that the said expression used in the un-amended Section 4(1) can be held to have a limited application for acquisition of knowledge on Vedas alone and not in other fields. 84. As far as the argument of the learned counsel for the respondent based on the expression used in the Preamble was concerned, at the very outset, it will have to be held that the Preamble cannot control the scope of the applicability of the Act. If the provision contained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the submission of the learned counsel for the State by making a detailed reference to the Preamble is of no assistance to the respondents. For the very same reason, the arguments of the learned counsel that any course to be conducted in the appellant University should be Vedic centric cannot also be countenanced. On the other hand, as held by this Court in Osmania University case, dissemination of knowledge as originally incorporated in the un-amended Section 4(1) alone would serve the purpose of effective functioning of the appellant University in imparting and spreading knowledge on every other field available, apart from providing intensive educational curriculum in Vedic learning and its practices. 88. In the light of our above conclusion, the deletion of the said expression will have to be held to be an arbitrary action of the respondent State and thereby, violating equality in law and equal protection of law as enshrined under Article 14 of the Constitution, in as much as all other Universities, which were being controlled and administered by the State by the 1973 Act, enjoy the freedom of setting up any course with the approval of the University Grants Commission, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... along with the Preamble, the various definition clauses, Section 4(1) and the sub-clauses (ii) to (xxviii) and the provision providing for enacting the Statutes and Ordinances, we have to hold that the expression and used in Section 4(1) will have to be read disjunctively and not conjunctively. In this context, we wish to rely on the decision rendered by this Court in Prof. Yashpal and another (supra), wherein, it has been held in paragraph 17 as under: 17. In Constitutional Law of India by Seervai, the learned author has said in para 2.12 (3rd Edn.) that the golden rule of interpretation is that words should be read in their ordinary, natural and grammatical meaning subject to the rider that in construing words in a Constitution conferring legislative power the most liberal construction should be put upon the words so that they may have effect in their widest amplitude. This is subject to certain exceptions and a restricted meaning may be given to words if it is necessary to prevent a conflict between two exclusive entries. (Emphasis added) 92. Besides the above two decisions, which discuss about the methodology of interpretation of a Statute, we also refer to the follow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctive reading of the provision. 95. In this context it will be worthwhile to refer to what Scrutton, L.J. has stated in the celebrated decision reported in Green Vs. Premier Glynrhonwy State Co. (1928) 1 KB 561, You do sometimes read or as and in a statute. But you do not do it unless you are obliged because or does not generally mean and and and does not generally mean or . And as pointed out by Lord Halsbury the reading of or as and is not to be resorted to, unless some other part of the same statute or the clear intention of it requires that to be done . [refer Mersey Docks and Harbour Board Vs. Henderson Bros., (1888) 13 AC 595 at pg.603 (HL)]. In fact in the case on hand we have found that though the expression and has been used, prior to the expression promotion and development of the study of Sanskrit .. and again prior to the set of expression for the advancement and again prior to the set of expression dissemination of knowledge , the context in which the Legislation was brought into force and reading the said section along with the Preamble and other sub clauses of Section 4, the expression and has to be read disjunctively and not conjunctiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... along with Entry 66 of List-I of the Constitution and that the State Legislature has no competence to deal with the said issue. 99. While dealing with the above contention, the Division Bench after making a detailed reference to various Entries commencing from Entries 63 to 66 of List-I, as well as Entry 25 of List-III and also Section 12 of the Universities Grants Commission Act, 1956 ultimately held that having regard to the inclusion of the appellant University in the list of Universities maintained by the Commission under Section 2(f) of the 1956 Act, as reflected in Annexure P-5, dated 24.08.1988, the existence of Ordinance 15, which came into being in accordance with law that once the University Grants Commission Act is in force, the running of the courses and determination thereof, has to be controlled by the University Grants Commission. The proviso stipulating that no course should be conducted and no centers should be established and run without the prior approval of the State Government. The restriction is so far as it related to conduct of courses is concerned, the same was beyond the Legislative competence of the State Legislature. So holding thus, the Division Benc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h, sciences, technology and vocational training of labour. *** 33. The consistent and settled view of this Court, therefore, is that in spite of incorporation of universities as a legislative head being in the State List, the whole gamut of the university which will include teaching, quality of education being imparted, curriculum, standard of examination and evaluation and also research activity being carried on will not come within the purview of the State Legislature on account of a specific entry on coordination and determination of standards in institutions for higher education or research and scientific and technical education being in the Union List for which Parliament alone is competent. It is the responsibility of Parliament to ensure that proper standards are maintained in institutions for higher education or research throughout the country and also uniformity in standards is maintained. 34. In order to achieve the aforesaid purpose, Parliament has enacted the University Grants Commission Act. First para of the Statement of Objects and Reasons of the University Grants Commission Act, 1956 (for short the UGC Act ) is illustrative and consequently it is being re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose of performing its functions under this Act, the Commission may hold certain enquiry and do certain other activities. In fact, the Division Bench while holding that conduct of courses come exclusively within the realm of control of the University Grants Commission, apparently relied upon the said provision. 103. In fact the Division Bench has made a specific reference to the expression used in the said Section, while ultimately holding that it was within the exclusive jurisdiction of the University Grants Commission i.e., the running of the Courses. The Division Bench has held to the effect we have no hesitation in our mind that once the University Grants Commission Act is in force, the running of the courses and determination thereof has to be controlled by the University Grants Commission . The said sets of expressions have been more or less borrowed from the expression used in Section 12 itself. 104. When we examine the ultimate conclusion of the Division Bench that such a control by the University Grants Commission will not extend to the running of the centers, we are of the considered view that what all may apply to conduct of courses, should equally apply to the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the centers as well. 106. In Dr. Preeti Srivastava (supra) while dealing with the scope of Entry 66 of List-I vis- -vis Entry 25 of List-III, this Court considered on what basis the standard of education in an institution can be analyzed. In paragraph 36, it has been held as under: 36 .. Standards of education in an institution or college depend on various factors. Some of these are: (1) The caliber of the teaching staff; (2) A proper syllabus designed to achieve a high level of education in the given span of time; (3) The student-teacher ratio; (4) The ratio between the students and the hospital beds available to each student; (5) The caliber of the students admitted to the institution; (6) Equipment and laboratory facilities, or hospital facilities for training in the case of medical colleges; (7) Adequate accommodation for the college and the attached hospital; and (8) The standard of examinations held including the manner in which the papers are set and examined and the clinical performance is judged. 107. The above statement of law on Entry 66 of List-I vis- -vis Entry 25 of List-III throws much light on this issue. For instance, in the case of the appellant, while ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who joined the appellant university is not impaired and that for whatever expenses incurred by the students, appropriate returns should be provided to them by way of imparting education in the respective fields which, they choose to associate themselves by getting themselves admitted in the appellant University. Therefore, on this ground as well, it will have to be held that such expectations of the students, as well as their parents cannot be dealt with so very lightly by the State, while considering for any change to be brought about in the Constitution and functioning of the appellant University. It can therefore be validly held that such expectations of the students and their parents, as well as that of the appellant University, can validly be held to be a legitimate expectation and considering the challenge made to the amendment introduced on various grounds raised at the instance of the appellant, the legitimate expectation of the appellant University, as well as the student community, would also equally support the contentions of the appellant University, while challenging the amendments in particular the amendment introduced to Section 4(1), as well as the addition of a pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntly resulted in violation of its Constitutional, as well as Fundamental Rights in the running of its educational institutions. 112. With this, we come to the last part of the submission made on behalf of the appellant, which related to the amendment to Section 9(2) of the 1995 Act. Under the un-amended provision, after the first Chancellor viz., Maharshi Mahesh Yogi, the Board of Management was empowered to appoint the Chancellor from among the persons of eminence and renowned scholar of Vedic education who can hold office for a term of five years and who would be eligible for reappointment. Under the amended Section 9(2), it was stipulated that after the first Chancellor, the Board of Management should prepare and submit a panel of three persons to the State Government and out of the panel, one person should be appointed as Chancellor by the Board of Management, after obtaining the approval of the State Government. As far as the period of holding office was concerned, there was no change in its terms. The Division Bench while considering the said amendment introduced under Act 5 of 2000, has held that even after the amendment, the Management had the power of recommendation and ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
