TaxTMI 
TaxTMI 
2013 (7) TMI 1044
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.... 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 challenge made in this appeal, the brief facts are required to be stated. The appellant is the University, which was a creation by way of a Statute viz., 1995 Act. Therefore, in the forefront, it will be better to note the scheme of the Act, which received the assent of the Governor on 25th November 1995 and was published in the Madhya Pradesh Gazette dated 29th November 1995. The Preamble of the Act would state that it was an....
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....ts; 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 of the Chancellor has been described in Section 9. Sub-section (1) of Section 9 recognizes the status of Maharshi Mahesh Yogi as its first Chancellor, who was entitled to hold office during his lifetime. Sub-section (2) to Section 9 provides the manner in which the next Chancellor can be appointed by the Board of Management and the qualification and eligibility for appointment as Chancellor. Section 10 deals with the posit....
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.... 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 established institutions and thereby, ensuring that such wealth of knowledge is kept intact for the future generations to come. 10. In this context, we must state that the Division Bench of the Madhya Pradesh High Court in its scholarly judgment has dealt with the intricacies of the wealth of knowledge contained in Vedas, running for several pages and hence, we only state that the same shall be read as part and parcel of this ju....
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....ch 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 sings." Possibly for these reasons T.S. Eliot wrote: "Mankind cannot bear too much of reality." 13. Again in paragraph 43, the Division Bench has highlighted how Vedic learning is also concerned with human anatomy and physiology. It mentions that Atharvaveda gives a picture of human bio-existence in a different manner. It is also stated that Vedas qua human anatomy, coincides more or less with ....
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....s' 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., Upvedas, Agam Tantra, Itihas, Puranas etc., in consonance with Gyan Vigyan, it will be necessary to briefly refer as to how the University came to be established after the coming into force of 1995 Act. It is also imminently required in as much as, such an establishment had resulted in the investment of considerable sum of money for the purpose of imparting education on Vedas and its allied subjects, i....
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....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 Rs. 1500 to Rs. 2000 per month. 20. In the rejoinder affidavit filed in the High Court, the University further claimed that it has Rs. 60 crores deposit and has realized a sum of Rs. 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. The appellant University would therefore, contend that in the field of education, though the main objective of the University was to reinforce the greatness of Vedas, Upvedas, agam tantra, itihas, darshan, upanashid, puranas etc., in as much as every other field of education was intrinsically connected with the main objective of spreading the knowledge of Vedas. It was contended that the attempt of the State Government ....
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....rown 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 Declaration of Human Rights (UDHR). The Preamble to the UDHR stated that: "every individual and organ of society...., shall strive by teaching and education to promote respect for these rights and freedoms...." In accordance with the Preamble of UDHR, education should aim at promoting human rights by importing knowledge and skill among the people of the nation States. 25. Article 26 of the Universal Declaration of Human Righ....
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.... 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 666, this Court held that right to education is a fundamental right enshrined under Article 21 of the Constitution. The right to education springs from right to life. The right to life under Article 21 and the dignity of the individual cannot fully be appreciated without the enjoyment of right to education. The Court observed: "Right to life" is the compendious expression for all those rights which the Courts must e....
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....ld 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 of Part III and IV of the Constitution has made 'Right to education' a basic fundamental right. 33. The Government of India by Constitutional (86th Amendment Act) Act, 2002 had added a new Article 21A, which provides that "the state shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may, by law determine". Further, they strengthened this Article 21A by....
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...., 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 for female equality rights. Indian literacy rate has shown a significant rise in the past 10 years. 37. According to us, illiteracy is one of the major problems faced by the developing nations. In Africa and South East Asia, it has been identified as a major cause of socio economic and ethical conflicts that frequently surfaced in the region. Therefore, literacy has now become part of the Human Right dialogue. Now m....
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.... 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 quote of the Hon'ble Supreme Court in Unni Krishnan's case sums up the importance of education; "Victories are gained, peace is preserved, progress is achieved, civilisation is built up and history is made not on the battlefields where ghastly murders are committed in the name of patriotism, not in the Council Chambers where insipid speeches are spun out in the name of debate, not even in factories where are manuf....
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....y 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 order to appreciate the submissions of the respective counsel, it will be worthwhile to note the un- amended Section 4(1), the amended Section 4(1), as well as the Preamble to the Act which are as under: "4 (i) to provide for instruction in all branches of Vedic learning and practices including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and the promotion and development of the study of Sanskrit....
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.... 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, "dissemination of knowledge" would mean spreading of knowledge widely or disbursement of knowledge widely. Therefore, the said set of expressions on their own, would only mean any attempt for spreading of knowledge or disbursement of knowledge. With the said set of expressions as originally contained in Section 4(1), the question for consideration was as to whether such spreading of knowledge or disbursement of knowledge ....
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....reamble 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 approach of the Division Bench was not justified and relied upon the decisions reported in (2011) 3 SCC 436 (State of Orissa and Anr. Vs. Mamata Mohanty), (2012) 1 SCC 762 (Ramesh Rout Vs. Rabindra Nath Rout), AIR 1963 SC 1323 (State of Rajasthan and Anr. Vs. Sripal Jain), (2001) 4 SCC 286 (M/s. Shriram Vinyl and Chemical Industries Vs. Commissioner of Customs, Mumbai) and (2002) 7 SCC 273 (Union of India (UOI) and....
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....arned 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 vs. Hospital Mazdoor Sabha and others (AIR 1960 SC 610), Rohit Pulp and Paper Mills Ltd. Vs. Collector of Central Excise (AIR 1991 SC 754), Kerala State Housing Board and others Vs. Ramapriya Hotels (P) Ltd. and others, (1994) 5 SCC 672), Samantha Vs. State of Andhra Pradesh (AIR 1997 SC 3297), K. Bhagirathi G. Shenoy and others Vs. K.P. Ballakuraya and another (AIR 1999 SC 2143), Brindavan Bangle Stores and ot....
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....e 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 32 of List - II, which deals with incorporation and regulation of Universities, as well as Entry 25 of List - III, which again deals with Education, including technical education, medical education and Universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I, the learned counsel contended what was taken away was only "co-ordination and determination of standards of education" as covered by ....
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....f 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 Entry 32 of List-II and therefore, the said proviso was rightly held to be intra-vires by the Division Bench. According to the learned counsel, the effect of the amendment was not a curtailment, but was only by way of clarification. According to the learned counsel to interpret the amendment, the principle of Mischief Rule will have to be applied. The learned counsel further contended that the word "and" used i....
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.... 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 process of training and developing the knowledge, skill, mind and character of students by formal schooling...." *** 33. In view of the above, it is evident that education is necessary to develop the personality of a person as a whole and in totality as it provides the process of training and acquiring the knowledge, skills, developing mind and character by formal schooling. Therefore, it is necessar....
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..... 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 education, which has been explained by very many learned and prominent persons to whom we have made detailed references to in the earlier part of our judgment, we are of the considered view that education is the base for every other subject to be taught in the process of learning. Therefore, establishment of the University as the Preamble goes to state was to provide for education in the forefront. It will....
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....nt 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 can never be held that his sole purport was only to spread vedic learning and nothing else. Therefore, in that view when we examine the respective submissions of the learned counsel we find force in the submission of the learned senior counsel for the appellant when he contended that by virtue of the amendment, the un-amended Section 4(1) will become meaningless and that the very purport of establishing....
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.... 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. Therefore, apart from Vedic learning and its practices, the establishment of the appellant University was for the purpose of providing education in the field of science and technology, intensive learning of Sanskrit and provision for research in every other field for the advancement and disbursement of knowledge. 79. We are of the considered opinion that only such an interpretation to the un-amende....
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...., 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 of India - (2008) 6 SCC 1; wherein, this Court has consistently held that Right to Education is a Fundamental Right. Thus, our conclusion is fortified by the various judgments of this Court, wherein, it has been held that imparting of education is a Fundamental Right, in as much as, we have held that the establishment of the appellant University was mainly for the purpose of imparting education, whil....
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....erefore, 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 in the main Act are clear and without any ambiguity and the purpose of the Legislation can be thereby duly understood without any effort, there is no necessity to even look into the Preamble for that purpose. 85. In fact, the Division Bench itself has made reference to a decision of this Court in Union of India Vs. Elphinstone Spinning and Weaving Co. Ltd. and others etc., reported in AIR 2001....
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....emination 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, the appellant alone would be deprived of such a right and liberty by restricting the scope of imparting education in any field other than Vedas and its practices. 89. As far as the decision relied upon by the learned counsel for the State for the proposition that the word "and" in the Preamble, as well as in Section 4 will have to be read conjunctively viz., the decision reported in (1987....
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....nother (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 following decisions rendered by this Court in Ishwar Singh Bindra (supra), wherein in para 11 it has been held as under: "11........It would be much more appropriate in the context to read it disconjunctively. In Stroud's Judicial Dictionary, 3rd Edn. it is stated at p. 135 that "and" has generally a cumulative sense, requiring the fulfillment of all the conditions that it joins together,....
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....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 conjunctively. Therefore, even applying the principle laid down by Lord Scrutton and Lord Halsbury, we are fortified by our conclusion that in the case on hand the expression 'dissemination of knowledge', as well as 'promotion and development of the study of Sanskrit' and 'to make provision for research', were all expressions which have been used disjunctively and not conjunctively with the wo....
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....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 Bench declared that the proviso so far as it related to the aspect that no course should be conducted and run without the prior approval of the State, was ultra vires and beyond the Legislative competence of the State Legislature. 100. This Court in Prof. Yashpal and another (supra) held in paragraphs 28, 33 and 34 as under: "28. Though incorporation of a university as a legisl....
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....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 reproduced below: "The Constitution of India vests Parliament with exclusive authority in regard to 'coordination and determination of standards in institutions for higher education or research and scientific and technical institutions'. It is obvious that neither coordination nor determination of standards is possible unless the Central Government has some voice in the determ....
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....ce 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 running of centers as well. In this context, it will be worthwhile to make a further reference to the stipulation contained in Section 12 of the University Grants Commission Act, which makes the position clear. Under Section 12, the general duty of the Commission to take in consultation with the Universities or other bodies is concerned, is all such steps as it may think fit....
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....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-à-vis Entry 25 of List-III throws much light on this issue. For instance, in the case of the appellant, while it has got its own infrastructure facilities for imparting education on various courses spelt out in Ordinance 15, which has opened up centers in various places falling within its jurisdiction viz. the State of Madhya Pradesh for imparting education on the very same courses specified in Ordinance 15. If we apply the principle spelt out in paragraph 36 of th....
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....d 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 proviso to the said Section. 111. One other relevant factor which is also to be kept in mind is the establishment of the appellant University at the repeated persuasion of Maharshi Mahesh Yogi was definitely to provide fullfledged education on Vedas and the various intricate subjects, which are found in Vedas, as well as its practices, Ithihas, Puranas etc. In fact, th....