Full Judgement
Maharshi Mahesh Yogi Vedic Vishwavidyalaya Vs. State of M.P. & Ors.
[Civil Appeal No.6736 of 2004]
Fakkir Mohamed Ibrahim Kalifulla, J.
1. This appeal is directed against the Division Bench decision of the High Court of Madhya Pradesh at Jabalpur, dated 20.03.2002, in W.P.No.1065 of 2001, in and by which, the Division Bench allowed the writ petition in part. The challenge in the writ petition was to the amendment introduced to Sections 2, 4, 9 and 17, as well as insertion of Sections 31-A, 31-B, 31- C, 37-A, 37-B to the Maharshi Mahesh Yogi Vedic Vishwavidyalaya Adhiniyam, 1995 (Act No.37 of 1995), hereinafter referred to as "1995 Act". The amendment was by way of Amendment Act No.5 of 2000, hereinafter called the "Amendment Act".
2. The Division Bench upheld the amendment to Section 4(1) of 1995 Act. The Division Bench also held that the amendment to 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 Act to establish and incorporate a University, in the State of Madhya Pradesh and to provide for education and prosecution of research in Vedic learnings and practices and to provide for matters connected therewith or incidental thereto.
Section 2 defines the various expressions, including the expressions "Board of Management", "Distance Education System", "Institution", "Statutes" and "Ordinance" and the definition of "University" under Section 2(u) means the appellant University. Again Section 3(1) refers to the appellant University and Section 3(2) refers to the headquarters of the University to be at village Karondi in District Jabalpur, Madhya Pradesh, providing for establishment of campuses at such other places within its jurisdiction. Under sub-section (3) to Section 3, the First Chancellor, Vice Chancellor and the first Members of the Board of Management of the Academic Council etc., has been set out.
4. The crucial section is Section 4 and in particular sub-clause (1) of Section 4, which refers to the powers of the University, which specifically states that such power would provide for instruction in all branches of Vedic Learning, as well as promotion and development of the study of Sanskrit, as the University may from time to time determine and also to make provision for research and for the advancement and dissemination of knowledge.
5. Sub-clauses (ii) to (xxviii) of Section 4 refers to the various other powers such as granting diplomas and certificates; to organize and undertake extra-mural studies; conferment of honorary degree; facilities for distance education system; to recognize an institution of higher learning for such purposes as the University may determine; to recognize persons for imparting instructions in any college or institution maintained by the University; to appoint persons working in any other University or organization, as a teacher of the University for a specific period; to create teaching, as well as administrative posts; to co-operate or collaborate with any other University or authority; to establish other campus, special centers, specified laboratories etc., to institute and award fellowships, scholarships etc., to establish and maintain colleges and institutions; to make provision for research and advisory service; to 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 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 position of the Vice Chancellor, qualification and procedure for filling up of the said post. Section 11 deals with the status of the Pro-Vice Chancellor. Sections 12, 13 and 14 deals with the position of Deans of Schools, the Registrar and the Finance Officer of the appellant University.
7. Section 15 deals with the manner of appointment, powers and duties of the other officers of the University, which has to be prescribed by the Statutes. Sections 17 and 18 specifically deal with the power of the Board of Management and its constitution. Section 19 deals with the Academic Council, while Section 20 deals with the Planning Board and Section 24 enumerates the powers to make Statutes and the provisions to be contained therein. Section 25 enumerates as to how the Statues has to be made. Section 26 stipulates as to how all Ordinances should be made.
Section 28 deals with the preparation of annual report of the University, including the annual accounts and the balance sheet duly audited by a chartered accountant under the direction of the Board of Management. Sections 30 and 31 prescribe the procedure for appeal and arbitration in disciplinary cases against students. Section 32 deals with the creation of provident and pension funds. Section 34 deals with the constitution of committees, while Section 35 deals with the manner in which the casual vacancies are to be filled up. The transitional provisions are specified in Section 38 of the Act. The last Section 39 stipulates that every Statute, Ordinance or Regulation made under the Act, should be published in the Official Gazette and that it should be laid down, as soon as it is made before the Madhya Pradesh Legislative Assembly.
8. A conspicuous reading of the above provisions of the 1995 Act, discloses that the appellant University was established and incorporated under Section 3 of the Act. At the very outset, it must be stated that the establishment of the University itself was at the behest of Maharshi Mahesh Yogi, who was the man behind the institution and was an inspiration, if we may say so, for the establishment and effective functioning of it. The State Government came forward to pass the legislation for establishing the appellant 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 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 judgment for its better understanding.
11. When we refer to the subjects dealt with in Vedas, it will be worthwhile to note the details garnered and noted in the judgment of the Division Bench, which in our considered opinion have to be referred to in order to appreciate the challenge made to the amendment by the State Government with particular reference to Section 4(1) of the 1995 Act. In fact the Division Bench has dealt with the above aspects in several pages, however, for the purpose of this case, it will be sufficient if we refer to certain relevant portions of the judgment in order to get a better understanding that the concept of Vedas deals with various aspects of life, which also includes science in general, as well as human autonomy. Reference can be made to paragraph 29 and 30 of the judgment, where the Division Bench has noted the four different branches of Vedas viz., Rigveda, Samaveda, Yajurveda and Atharvaveda, along with the four Upvedas viz., Ayurveda, Gandharvaveda, Dhanurveda and Sthapatyaveda. If all these Vedas are understood in their proper perspective, we can find that they deal with various aspects of life, the way of living, the culture, sculpture, medicines and quintessence of civilization and so on and so forth.
12. The Division Bench has also noted that in Vedas there are formulae, which deals with mathematics. The Vedic sutras enable a person to solve complex mathematical problems because of its cogency, compactness and simplicity. The Division Bench has also stated that it is a total misconception for any one to state that Vedas are only relatable to rituals. It went on to add that mathematicians have observed that while ordinary multiplication methods require many steps, in Sanskrit sutra, only one line method is sufficient. To quote a few, the Division Bench has referred to 'Urdhwa', 'Tiryak Sutra', 'Ekadhiken Purva Sutra' and 'Kalana- Kalna Sutra'.
A little more detailed analysis made by the Division Bench, as regards the in-depth contents in Vedas can be profitably referred to by extracting paragraph 33 of the judgment of the Division Bench, which reads as under: "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 sings." Possibly for these reasons T.S. Eliot wrote: "Mankind cannot bear too much of reality."
13. Again in paragraph 43, the Division Bench has highlighted how Vedic learning is also concerned with human anatomy and physiology. It mentions that Atharvaveda gives a picture of human bio-existence in a different manner. It is also stated that Vedas qua human anatomy, coincides more or less with the medical science of today. It is further mentioned that the language of interpretation may be different, but the essence of science is one and the same. The Division Bench states that the Atharvaveda does not perceive man's physiology, as delineated in terms of science, but visualizes in subtler elements, by making specific reference to the nadis, annihilation, exhalation, retention of air in the body, which has its corresponding note in the winds and vayu.
14. We have ventured to make a detailed reference to the above facets highlighted in the judgment in order to state and understand that by making reference to Vedas and its other allied subjects, one cannot arrive at a conclusion that it only deals with rituals and some religious tenets and that it has nothing to do with other aspects of life. On the other hand, a detailed reference was made by the Division Bench by making an in depth study disclosing that the study of Vedas should enlighten a person in all aspects of life not necessarily restricted to religion or rituals simpliciter.
15. When we attempt to understand the intricacies of Vedas, which as stated by us earlier has been dealt with by the Division Bench in several pages in the opening part of its judgment, we also wish to make a reference to the meaning of the expression "Gyan Vigyan", as has been expressed by Dr.Subash Sharma, Dean of Indian Business Academy, Noida in his article "From Newton to Nirvana: Science, Vigyan and Gyan". A reading of the said note on "Gyan Vigyan" by the author really gives a clear picture about the said concept. We feel that it is worthwhile to make a brief reference to what has been attempted to be explained by the said author. According to the writer, "Gyan Vigyan" can be analyzed in two ways, viz., Vishesh Gyan and Vishya Gyan.
The world science has linkages with senses and hence, scientific knowledge has got its roots in senses. He would state that the traditional knowledge gets legitimacy only if it can be tested on the basis of objectivity, through the senses. He would elaborate his idea 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., 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, including Gyan Vigyan and for dissemination of knowledge, as was originally thought of by the lawmakers, while enacting 1995 Act for the purpose of establishing the appellant University.
18. One of the main themes, which was propagated by Maharshi Mahesh Yogi was that the solution of the problems in the field of education lies in developing the limitless inner potential of its students and teachers. According to him, to achieve the said goal, it was necessary to revive the ancient Vedic science and knowledge for the systematic unfolding of the full range of human consciousness. The said line of thinking of the Yogi contains the technology of the unified field that includes the Transcendental Meditation (TM) and Transcendental Meditation Siddhi Programmes. It was also highlighted by the Yogi that there were enough materials in Vedas, which pertains to seed production, crop production, sericulture, health care, management, beauty culture, marketing and accounting. It was further claimed that Vedas are the structure of pure knowledge, having infinite creative potential, which an individual can harvest. In order to highlight the valueability of the above intricate subjects, considerable investment had to be made while establishing the appellant University.
19. It was in this background that the Yogi is stated to have made an attempt for nearly four decades by repeatedly knocking at the doors of the Legislators who came forward with the Statute viz., 1995 Act for establishing the institution with the laudable object of spreading the knowledge on Vedas and its intricate subjects, through the medium of education. After the Statute viz., 1995 Act, came into effect, the appellant University took every effort to create the necessary infrastructure of high standards in education and teaching. It is revealed that the infrastructure comprised of permanent furnished buildings, teachers, staff, transport facilities, library, hostel facilities etc., and the capital expenditure as on 31.03.2000, was stated to be Rupees 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 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 to cripple the activities of the University by restricting the scope of education in the University to Vedas alone would be doing grave injustice to the University, as well as to its beneficiaries.
22. Having analysed the emergence of the appellant University based on enactment viz., 1995 Act, we are of the considered opinion that it will also be appropriate to emphasis the need of education and its benefits in order to appreciate the issue involved in this litigation in particular to the challenge made at the instance of the appellant to certain of the amendments, which were introduced in the said 1995 Act, by the Amendment Act. It is needless to state that education, a Constitutional right, has been explained as an essential part in every one's life. In order to understand its consequential effects on the society at large, the Father of the Nation, Mahatma Gandhi, while referring to education has stated, "live as if you were to die tomorrow. Learn as if you were to live forever".
Later reinforced by Nelson Mandela "Education is the most powerful weapon which you can use to change the world". The process of learning, as has been highlighted by the father of the nation, emphasises the need for one to have an everlasting thirst for acquiring knowledge by getting himself educated. It is stated that education is the most potent mechanism for the advancement of human beings. It enlarges, enriches and improves the individual's image of the future. A man without education is no more than an animal. Education emancipates the human beings and leads to liberation from ignorance. According to Pestalozzi who is a Swiss pedagogue and educational reformer stated that education is a constant process of development of innate powers of man, which are natural, harmonious and progressive. It is said that in the 21st Century, 'a nation's ability to convert knowledge into wealth and social good through the process of innovation is going to determine its future.' Accordingly the 21st Century is termed as the 'century of knowledge'.
23. Mr. Will Durrant defines 'education' as the 'transmission of civilization'. George Peabody has defined 'education' as "a debt due from present to future generations". Education confers dignity to a man. The significance of education was very well explained by the US Supreme Court first, 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 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 Rights declares: "Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and Professional education shall be generally available and higher education shall be equally accessible to all on the basis of merit." (Emphasis added)
26. The same concept has been repeated in the UN Declaration of the Rights of the Child, which seeks to ensure; "Right to free and compulsory education at least in the elementary stages and education to promote general culture, abilities, judgment and sense of responsibility to become a useful member of society and opportunity to recreation, and play to attain the same purpose as of education."
27. The role of international organizations regarding the implementation of the right to education is just not limited to the preparation of documents and conducting conferences and conventions, but it also undertakes the operational programmes assuring, access to education of refugees, migrants, minorities, indigenous people, women and the handicaps. India participated in the drafting of the Declaration and has ratified the covenant. Hence, India is under an obligation to implement such provisions. As a corollary from the Human Rights perspective, constitutional rights in regard to education are to be automatically ensured.
28. Having briefly analyzed the International Conventions, we would like to refer to the provisions in our own Constitution, which provides for the significance and need for education. The Founding Fathers of the nation, recognizing the importance and significance of the right to education, made it a constitutional goal, and placed it under Chapter IV Directive Principles of State Policy of the Constitution of India. Article 45 of the Constitution requires the State to make provisions within 10 years for 'free and compulsory education' for all children until they complete the age of 14 years.
29. Further, Article 46 declares that the state shall promote with special care the educational and economic interests of the weaker sections of the people. It is significant to note that among several Articles enshrined under Part IV of the Indian Constitution, Article 45 had been given much importance, as education is the 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 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 enforce because they are basic to the dignified enjoyment of life. It extends to the full range of conduct which the individual is free to pursue. The right to education flows directly from right to life. The right to life under Article 21 and the dignity of an individual cannot be assured unless it is accompanied by the right to education. The State Government is under an obligation to make endeavour to provide educational facilities at all levels to its citizens."
30. In the case of Unni Krishnan J.P. and others V State of Andhra Pradesh and others reported in (1993) 1 SCC 645, this Court was asked to examine the decision of Mohini Jain's case. In Unni Krishnan (supra) this Court partly overruled the decision rendered in Mohini Jain's case. The Court held that, the right to education is implicit in the right to life and personal liberty guaranteed by Article 21 and must be interpreted in the light of the Directive Principles of State Policy contained in Articles 41, 45 and 46. This Court, however, limited the State obligation to provide educational facilities as follows:
i. Every Citizen of this Country has a right to free education until he completes the age of fourteen years;
ii. Beyond that stage, his right to education is subject to the limits of the economic capacity of the state. His Lordship Mr. Justice Mohan, as he then was, has stated as under in paragraph 10 & 11:
"10. The fundamental purpose of Education is the same at all times and in all places. It is to transfigure the human personality into a pattern of perfection through a synthetic process of the development of the body, the enrichment of the mind, the sublimation of the emotions and the illumination of the spirit. Education is a preparation for a living and for life, here and hereafter.
11. An old Sanskrit adage states: "That is Education which leads to liberation"- liberation from ignorance which shrouds the mind; liberation from superstition which paralyses effort, liberation from prejudices which blind the Vision of the Truth." (Emphasis added)
31. Further, this Court in M.C. Mehta V State of Tamil Nadu and others reported in (1996) 6 SCC 756, observed 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 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 adding a clause (k) to Article 51-A, which provides for those who are a parent or guardian to provide opportunities for education to his/her child or ward between the age of 6 and 14 years.
On the basis of the Constitutional mandate provided under Articles 41, 45, 46, 21-A, 51-A(k) and various judgments of this Court, both the Government of India, as well as this Court has taken several steps to eradicate illiteracy, improve the quality of education and simultaneously ensure that the dropouts are brought to nil. Some of these programmes are the National Technology Mission, District Primary Education Programme, and Nutrition Support for Primary Education, National Open School, Mid-Day Meal Scheme, Sarva Siksha Abhiyan and other state specific initiatives. Besides this, several States have enacted legislations to provide free and compulsory primary education such as: The Right of Children to Free and Compulsory Education Act, 2009, The Kerala Education Act 1959, The Punjab Primary Education Act 1960, The Gujarat Compulsory Primary Education Act 1961, U.P. Basic Education Act 1972, Rajasthan Primary Education Act 1964, Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011, etc.
34. The right to education will be meaningful only and only if all the levels of education reach to all sections of people, otherwise it will fail to achieve the target set out by our Founding Fathers, who intended to make the Indian society an egalitarian society.
35. The 15th official census in India was calculated in the year 2011. In a country like India, literacy is the main foundation for social and economic growth. When the British rule ended in 1947, the literacy rate was just 12%. Over the years, India has changed socially, economically, and globally. After the 2011 census, literacy rate in India, during 2011 was found to be 74.04%. Compared to the adult literacy rate here, the youth literacy rate is about 9% higher. Though this seems like a very great accomplishment, it is still a matter of concern that still so many people in India cannot even read and write. The 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 for female equality rights. Indian literacy rate has shown a significant rise in the past 10 years.
37. According to us, illiteracy is one of the major problems faced by the developing nations. In Africa and South East Asia, it has been identified as a major cause of socio economic and ethical conflicts that frequently surfaced in the region. Therefore, literacy has now become part of the Human Right dialogue. Now most of the nations of the world have also accepted their obligation to provide at least free elementary education to their citizens.
38. Owens and Shaw have stated in their book 'Development Reconsidered' "It is self-evident that literacy is a basic element of a nationwide knowledge system. The most important element of a literacy program is not the program itself, but the incentive to become and remain literate."
39. Education is thus, viewed as an integral part of national development and held as an instrument by which the skills and productive capacities are developed and endowed. Literacy forms the cornerstone for making the provision of equality of opportunity a reality.
40. With great respect, it will also have to be stated that bereft of improvement in the educational field when we pose to ourselves the question as to what extent it has created any impact, it will have to be stated that we are yet to reach the preliminary level of achievement of standardised literate behaviour. In fact, in the earlier years, though the literate level was not as high as it now stands, the human value had its own respected place in the society. It will be worthwhile to recall the control the elders could administer over the youngsters, de hors the lack of education. It is unfortunate that today education instead of reforming the human behaviour, in our humble opinion appear to have failed to achieve its objective. Instead we find troubled atmosphere in the society at large, which calls for immediate reformation with the efforts of one and all.
Therefore, it has become imperative to see that the institution, the teachers, the parents, the students and the society at large can do for bringing about such a transformation. When by and large the development of education has been achieved and the percentage of literacy has considerably improved, at least to more than 60%, there should not be any difficulty for the educated mass to prevail upon every section of the society in order to ensure 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 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 manufactured novel instruments to strangle life, but in educational institutions which are the seed-beds of culture, where children in whose hands quiver the destinies the future, are trained. From their ranks will come out when they grow up, statesmen and soldiers, patriots and philosophers, who will determine the progress of the land."
43. Having thus highlighted the importance of Education, when we now refer to the core issue involved in this appeal, the provocation for the appellant to file the writ petition was the amendment introduced by Amendment Act 5 of 2000, by which, Sections 2, 4, 9 and 17 of 1995 Act was amended, while simultaneously Sections 31-A, 31-B, 31-C, 37-A and 37-B were inserted.
44. Before adverting to the consequence of the amendments introduced to two of the crucial provisions viz., Section 4(1) and its proviso and Section 9(2) of the un-amended Act, it will have to be kept in mind that after the coming into force of the 1995 Act, the appellant University has framed its Statutes, as well as Ordinance No.15. Ordinance No.15, contains the courses of studies, which are numerous. Apart from prime subjects on Vedas there were also other professional courses such as Project Management, Human Resources Management, Financial Management, Marketing Management, Accounting and Auditing, Banking, as well as vocational courses in typing, stenography, secretarial practice, computer technology marketing and sales, dress designing and manufacturing, textile designing and printing, horticulture, seed production, crop production, sericulture, as well as, short term courses in various international topics such as, political science, theory of Government, theory of defense, theory of education, theory of management etc.
45. One other relevant factor to be noted is that the appellant University was added in the list of Universities maintained by the University Grants Commission, as provided under Section 2(f) of the University Grants Commission Act, 1956. The same was addressed by way of a communication to the University Grants Commission dated 24.08.1998, in and by which, the inclusion of the appellant University in the schedule to the University Grants Commission Act, 1956 was notified. One other factor which is also to be kept in mind is that by virtue of the provisions contained in the un- amended Act, the appellant University also opened up as many as 55 centers in which an average of 35 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 as the University may, from time to time determine and to make provision for research and for the advancement and dissemination of knowledge."
The amended provision reads as under:-- "to provide for instruction only in all branches of Vedic learning and practices including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and the promotion and development of the study of Sanskrit as the University may from time to time determine and to make provison for research and for the advancement in the above fields and in these fields may ........." Preamble: "An Act to establish and incorporate a University in the State of Madhya Pradcsh and to provide for education and prosecution of research in Vedic learnings and practices and to provide for matters connected therewith or incidental thereto."
49. A reading of the above amendments to Section 4(1) discloses that by way of the amendment, the expression "only" and the expression "in the above fields and in these fields may" were added, while the last set of expressions "dissemination of knowledge" were deleted. After the amendment, the grievance of the appellant was that, prior to the coming into force of the Amendment Act viz., Act 5 of 2000, the Officer on Special Duty, in the Department of Higher Education, sent a memorandum, alleging that the course of study prescribed in Clause 1(i) and (j) of Ordinance No.15, were contrary to the aims and objectives of the University and therefore, not acceptable. The University submitted through its reply vide Annexure P-7, explaining in detail with cogent reasons as to why it was entitled to conduct those courses. It is in the above stated background that the Amendment Act 5 of 2000 came to be introduced.
50. In the above stated background, when we examine the amendment to Section 4 (1), it is quite apparent that by adding the word "only" after the expressions "instruction" in the opening part of the Section and by adding expression "in the above fields and in these fields may", the State Legislature apparently wanted to restrict the scope of providing instructions to its students only in respect of studies in branches of Vedic learning and practices, including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and also the promotion and development of study of Sanskrit, which was left to 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, "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 should be confined only to the exclusive field of Vedic learning alone, or whether it should be read disjunctively to be applied for such spreading of knowledge, on a wide spectrum. In fact, the Division Bench has even concluded that even by retaining these set of expressions, the position would be that such dissemination of knowledge would be referable only to Vedic learning and not for general application.
51. Mr. Nageshwar Rao, learned senior counsel in his submissions took pains to contend that by reading the un-amended Section 4(1) by virtue of the word 'and' prior to the set of expressions "for the advancement" and "dissemination of knowledge", the learned senior counsel contended that the whole idea and purpose, while establishing the appellant University was for the cause of advancement and spreading of knowledge in a wide spectrum and not by restricting it to the field of Vedic learning alone. To reinforce his submissions, the learned senior counsel vehemently contended that Section 4(1), apart from providing scope for Vedic learning and practices, including Darshan, Agam Tantra, Itihas, Puranas and Upvedas also used the expression "Gyan-Vigyan" which is nothing but science and technology.
The learned senior counsel therefore, contended that apart from spreading the process of learning in the field of Vedas, the establishment of the appellant University was also in other fields such as, science and technology and other vocational courses, by way of dissemination of knowledge. The learned senior counsel therefore, contended that by bringing out the amendment to Section 4(1), by way of an addition to the expressions "only" and "in the above fields and in these fields may", the State Government has violated the Constitutional right of the appellant in the field of education, thereby conflicting with Articles 14, 19 and 21 of the Constitution.
52. The learned senior counsel further contended that the State Legislature lacks competence, in as much as education is a subject contained in Entry- 66 of List-I and is already governed by the central legislation viz., the University Grants Commission Act, 1956 and therefore, the State was incompetent to restrict the scope of education in various fields by bringing out 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 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 Anr. Vs. Hansoli Devi and Ors.).
54. The learned senior counsel also referred to Section 6 of the Madhya Pradesh University Act, 1973 and contended that "dissemination of knowledge" is referable to spreading of knowledge in all other fields which may also include Vedic learning. The learned senior counsel also relied upon AIR 1968 SC 1450 (Ishwar Singh Bindra and Ors. Vs. State of U.P.), (1987) 3 SCC 208 (Joint Director of Mines Safety Vs. Tandur and Nayandgi Stone Quarries (P) Ltd.) and (2005) 5 SCC 420 (Prof. Yashpal and Anr. Vs. State of Chhattisgarh and Ors.) for the proposition as to how to understand the expression "and".
55. Apart from the submission on Section 4(1), the learned senior counsel, while attacking the amendment made by introducing proviso to Section 4, contended that as far as the introduction of various courses, as well as opening of centers are concerned, they are exclusively governed by the University Grants Commission Regulations, which was framed under the provisions of the University Grants Commission Act, 1956 and therefore, the introduction of the said proviso was directly in conflict with the occupied field by the University Grants Commission Act and consequently ultra-vires of the Constitutional provisions. The learned senior counsel relied upon Prof. Yashpal and another (supra), (1995) 4 SCC 104 (State of Tamil Nadu and Anr. v. Adhiyaman Educational and Research Institute and others) and 1963 Supp. 1 SCR 112 (Gujarat University, Ahmedabad Vs. Krishna Ranganath Mudholkar). Reference was also made to Section 12 of the University Grants Commission Act, 1956 in support of the said submission.
56. As far as the challenge relating to Section 9(2) of the Act, was concerned, the learned senior counsel contended that the submission based on Entry 66 of List-I of the Constitution would equally apply to the said challenge. Besides this, he also contended that as the appellant University was created by a Statute, the amendment only seeks to interfere with its independence by casting onerous conditions on the appellant to submit a panel of three persons to the State Government, and by empowering the State Government to grant its approval as a pre-condition 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 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 others Vs. Assistant Commissioner of Commercial Taxes and another (AIR 2000 SC 691) ending with the decision in CBI, AHD, Patna Vs. Braj Bhushan Prasad and others (AIR 2001 SC 4014 at page 4020).
It has been held that the legal maxim Noscitur A Sociis, is merely a rule of construction and it cannot prevail in cases where it is clear that the wider words have been deliberately used in order to make the scope of the defined word correspondingly wider. It is only where the intention of the Legislature in associating wider words with words of narrower significance is doubtful or otherwise not clear that the present rule of construction namely Noscitur A Sociis can be usefully applied.
59. As far as the proviso to Section 4 was concerned, the submission of the learned senior counsel was, what applied to the courses would equally apply to centers and since the Division Bench has held that the State Government was not competent to legislate, as regards the courses to be introduced, on the same logic, the Division Bench ought not to have set aside the proviso in its entirety.
60. As against the above submissions Ms.Vibha Datta Makhija, learned counsel for the State contended that the University Grants Commission Rules was related to the standard of education and not on courses. According to the learned counsel, going by the Preamble to 1995 Act, it is categorical and unambiguous to the effect that the establishment of the University was only to provide education in Vedic learning and therefore, it can only be in courses connected with Vedas. As a corollary it was submitted that any course not connected with Vedic learning will stand excluded.
61. The learned counsel submitted that even going by the un-amended Section 4, it is clear that it referred only to all learning connected with Vedic study, since the various sub-clauses to Section 4 also disclosed that it was more Vedic centric rather than on general subjects. By referring to Section 17, the learned counsel pointed out that the degree of autonomy granted to the appellant University, as compared to other 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 "Co-ordination 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 Entries 63 to 66 and by virtue of the enabling provision in Entry 32 of List-II, which empowers the State Government for incorporating an University and regulating its functioning, ample powers are vested with the State Government to pass the impugned legislation. The learned counsel therefore, contended that Section 4(1) only deals with the scope within which the appellant University can function and that it does not talk about curriculum or standard. In such circumstances, when the said provision empowers the University to set up an institution by regulating the same by taking certain measures, it cannot be held that such an exercise can be questioned on the ground of lack of competence.
64. The learned counsel would contend that the amendment introduced by the State Government was in public interest, which falls squarely under Entry 32 of List-II, as well as Entry 25 of List-III and therefore, there was no repugnancy with Entry 66 of List-I of the Constitution. In support of the above submission, the learned counsel also referred to Section 2(f) of the University Grants Commission Act, 1956 and contended that the definition of the term 'University' under the said Act means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act and therefore, the University which was established under the 1995 Act can always be regulated by the State Government by passing appropriate amendments to the Act by which the State created the said University.
65. The learned counsel also referred to Section 12 of the University Grants Commission Act, 1956 to contend that the general duty of the Commission is to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, apart from examination and research in Universities for which it can take certain actions. In support of her submission, 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 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 in the Preamble, as well as under Section (4), will have to be read conjunctively and relied upon 1987 (2) SCR 1 (Reserve Bank of India Vs. Peerless General Finance and Investment Co. Ltd., and Others) and (1987) 3 SCC 279 (Utkal Contractors and Joiners Pvt. Ltd., and Ors Vs. State of Orissa and others).
68. Having heard the learned senior counsel for the appellant, as well as the learned counsel for the State, and having bestowed our serious consideration to the respective submissions and having perused the scholarly judgment of the Division Bench and other material papers, at the very outset we are of the view that providing education in an University is the primary concern and objective, while all other activities would only be incidental and adjunct. In this context, it would be worthwhile to emphasis the importance of education which has been emphasised in the 'Neethishatakam' by Bhartruhari (First Century B.C.) in the following words:
"Translation: Education is the special manifestation of man; Education is the treasure which can be preserved without the fear of loss; Education secures material pleasure, happiness and fame; Education is the teacher of the teacher; Education is God incarnate; Education secures honour at the hands of the State, not money; A man without education is equal to animal." For this very reason, we have elaborately stated the importance of education as stated by the Father of our Nation, other renowned Authors and great men in public life as well as the mindset of our Constitutional framers in paragraphs 22 to 42. We have also referred to some of the leading judgments of this Court where it has already been held that Right to Education is a Fundamental Right, guaranteed by Article 21 of our Constitution.
69. Keeping the said basic principles in mind, when we examine the issue involved in this appeal, the burden of the appellant was that though under Section 4(1), reference to Vedic learning and its allied subjects was made in the opening sentence, the University was not established under the 1995 Act, only for the purpose of imparting education in Vedas alone, but it was intended for spreading the knowledge of Vedas and simultaneously to teach Sanskrit, science and technology and also as specifically mentioned in Section 4, for spreading of knowledge in all fields. In fact, in the pursuit of our above perception, we have quoted extensively the 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 necessary to maintain a high academic standard and academic discipline along with academic rigour for the progress of a nation. Democracy depends for its own survival on a high standard of vocational and professional education. Paucity of funds cann
