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Madhya Pradesh High Court
Maharishi Mahesh Yogi Vedic ... vs State Of M.P. And Ors. on 20 March, 2002
Equivalent citations: AIR 2002 MP 196, 2002 (2) MPHT 353
Author: D Misra
Bench: D Misra, S Kulshrestha
JUDGMENT Dipak Misra, J.
1. In this writ petition it is imperative to bestow our anxious consideration on the long debate and deliberation that took place consuming quite a speck of time relating to contentious issues which took us in the time machine as the subject related to the past, creating defiant walls and artificial palisade and some times brought us to the present in capitivative fascination having an ineffaceable sense and purpose of modernity and progressiveness which, at times generated a feeling of puzzlement but definitely the incrassation and intenseness of proponements cannot be surveyed with disposition of a disregardant. We are deliberating and articulating about the 'vedas' the 'Apaurusheya'. The Vedas, as has been said, are the means for attaining knowledge, happiness through wisdom and self realisation which are beyond the sphere of perception or inference. So it is said :
"PRATYAKSHYEANNU MANENA YASTU POYO NA ENAM BIDANTI VEDANA TASHMAD VEDASYA VEDATA"
Possibly, for this reason thus spoke Justice Holmes:
"A word is not crystal, transparent and unchanged, it is the skin of living thought and may vary greatly in colour and content according to the circumstances and the time in which it is used."
2. For this reason Sri Aurobindo termed it as "Rock of Ages". We are also obligated to ruminate on 'Upvedas' the Puranas', the Upnishadas', 'Itihas' and 'Darshana' etc. comprehensively and intensively, because we are called upon to decide the vires of certain provisions which have been brought by way of amendment to the Maharishi Mahesh Yogi Vedic Vishwavidyalaya Adhiniyam, 1995 (hereinafter referred to as 'the Act'). The central terms being "vedic learning" we have to attend to this stand point to some extent so that a fair idea is garnered about the theme relating to the coming into life of the enactment and the introduction of the amendments.
3. The Act (Act No. 37 of 1995) was enacted to establish and incorporate a University in the State of Madhya Pradesh and to provide for education and prosecution of research in vedic learnings and practices and to provide for matters connected therewith or incidenal thereto. Before we proceed to dwell upon the various provisions of the original Act and the amended provisions we would like to state that essential part of Section 4(i) lays down the power of the University in its conceptual essence which reads as under:--
"4 (i) to provide for instruction in all branches of vedic learning and practices including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and the promotion and development of the study of Sanskrit as the University may, from time to time determine andto make provision for research and for the advancement and dissemination of knowledge."
The amended provision reads as under :--
"to provide for instructions only in all branches of vedic learning and practices including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and the promotion and development of the study of Sanskrit as the University may from time to time determine and to make provison for research and for the advancement in the above fields and in these fields may ........."
4. We have referred to this part in the beginning as the learned senior counsel for the petitioners, Mr. N.C. Jain and Mr. Ravindra Shrivastava being ably assisted by their associate counsel took us through various literatures and scriptures to highlight what exactly the vedic learning, Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan mean and what does their development signify. Learned counsel for the petitioners submitted that it was the idea of Maharishi Mahesh Yogi who gave the vision of total knowledge in his holistic interpretation of the 'vedas' and with the intention to propagate natural law and technology of consciousness, established many a University at various places in the world and at his behest the State Government passed the Act so that the knowledge and wisdom of the vedas and other ancillary streams of knowledge get utilised in modern times.
5. We must at the beginning admit that we are no experts in the 'vedas' or 'puranas' or 'itihas' or 'Darshan' but when there was substantial argument on this score to highlight that an adroit attempt has been made to curtail the expensive canvas in which the University was structured by inserting certain amendments which have no sanction in law, we feel that we should deal with the subject to some extent and not totally ostracise them from the arena of discussion. Ergo, in that setting, we proceed to advert whether the amended provisions suffer from the vice of unconstitutionality.
6. Presently we shall focus our attention on the 'vedas' and other literature that find mention in both the amended and unamended provisions. Historians are not in agreement while determining the time when the Vedas' were composed. No single soul has claimed to have written all the 'vedas'. It is said that "Rishis" had the vision or 'Drishti' and when they became sublimated or 'yogavastha' they composed. Thus, the veda gets the name of 'Apaurusheya'. We may hasten to add that the learned counsel for the petitioners have put with immense dexterity that every branch of modern knowledge has its roots in the vedic literature and other connected writing and they contain the truth in all its spectrum and the unified knowledge which supports like a mighty pillar, the ordinance No. 15 which has enumerated the various courses. At this juncture we may quote the sagacious sages who saw the truth of the Universe as a composite and a complete whole and they proclaimed :
"As is the microcosm so is the macrocosm.
As is the atom, so is the universe.
As is human body, so is the cosmic body.
As is the human mind, so is the cosmic mind."
7. They further realised the concept of wholeness and visualised unity in diversity. The vedic seers announced:
"OM PURNAMADAH PURNAMIDAM, PURNATPURNAM UDACHYATE, PURNASYA PURNAMADAYA PURNAMEVA VASISISYATE."
The aforesaid means that it is the whole and from the whole, the whole is begotten and if one takes the whole away from the whole what remains is the whole. The learned counsel submit that in modern physics it can be compared to the theory of non-extinction of source of energy.
8. At this stage we may dwell upon how the Rishis invoked the superior being by referring to its different attributes for the well being of all. They chanted the Mantras in the following manner:
"May the far-famed God Indra, bless all with well-being; May the God Surya who knows all, bless all with well-being;
May the Divine Garud, destroyer of inauspicious things, favour all with well-being;
May Brihaspati, the lord of divine, wisdom, bring well-being to all,"
9. And again, "May each one be happy;
May each one be pure;
May each one seek goodness;
May each one escape from unhappiness."
10. We have referred to the aforesaid to show how the prayer to the creative intelligence was made seeking welfare for the collective and not for any single individual.
11. Presently we will refer to some aspects of Vedas where unity had avoidance of class or conflict are emphasised. In the Atharvaved it has been so stated:
"SHANTA DYOUH SHANTA PRITHVI SHANTMIDMURVAN-TARIKSHAM.
SHANTA UDVANIRAPAH SHANTA NASSNTVOSHADHIH."
(Atharvaveda 19-9-1) This means, to promote mutual interest, and to avoid clash and conflict, unity of mind and unity of purpose are essential. We find a confident declaration of such unity of mind and unity of purpose quite frequently in Indian thought.
The seers declared the unity of mind and unity of purpose in the following words :
"SAMGACHHADHVAMSAMVADAHVAHSAM BO MANAMSI JANATAM." (Rigveda 10-191-2) "SAMANO MANTRAH SAMITIH SAMANI SAMANAM MANAH SAH CHINTMESHAM" (Rigveda 10-191-2) The aforesaid conveys the sense, to achieve unity of thought and unity of purpose a strong feeling of equality and brotherhood is the foundation.
12. We may not give the exact translation of the Mantras but as they are understood they convey the design that there should be endeavour to achieve the unity of thought and unity of purpose and a strong feeling of equality and brotherhood. The Rishis have also proclaimed that none is superior, none is inferior. All are brothers marching ahead for prosperity. The harmony among being is the real essence.
13. We will be failing in our duty if we do not refer to the profundity of the pronouncement of the seers who spoke about the purity of learning, sanctity of intelligence and pollution-free world. To quote:
"SWASTI GOBHYAH JAGATAH PURUSHEBHYAH, VISHWAM SUBHUTAM SUVIDATRAM NOASTU."
(Atharvaveda 1.32-4) The aforesaid means, may our learning and pure intellect bring us happiness. May all those who dwell on the earth, in the sky and in the water bring us happiness. And again, "SHAM SARASWATI SAH DHIBHIRASTU, SHANNO DIVYAH PARTHIVAH SHANNO APPAH."
"MADHU VATA RITAYATE MADHU KSHARANTI SINDHAVAH.
MADHU NAKTAMUTOSHSO MADHUMATPARTHIVAM RAJAH."
(Rigveda 1-90-6, 7) The aforesaid means that may our learning and pure intellect bring us happiness. May all those who dwell on the earth, in the sky and in the water bring us happiness. May the winds blow happily, may the rivers flow happily; may the plants grow happily; may the dawn and the earth bring happiness to us.
15. In this way man builds his familial, social and environmental personality with a deep sense of fellowship, affection and benevolence. He desires to live his full life in a happy environment.
16. The feeling in the creation and the involvement in the invocation of nature is clearly perceptible. The Rishis announced let the winds blow happily, rivers flow happily and the plants grow in the happiness and let the dawn of the earth bring happiness to the mankind. Thus the man builds a familial, social and environmental personality with a deep sense of fellowship, confraternity, harmony, affection and benevolence. The vedas teach to live in harmony with nature and a sense of reciprocity is developed. A man is required to cultivate self discipline. The same is divided into five sheaths viz., Annamaya, Pranamaya, Maanomaya, Vijnanamaya and Anandamaya. It is apposite to mention herein, the first two relate to the growth of physical personality, the third and the fourth are in the realm of emotional and intellectual aspects and the last is in the spectrum of bliss and culmination of harmonous functioning of the entire human personality. The learned counsel for the petitioners assiduously submitted that the present concept of emphasis on ecological balance, in a manner, is inherent in vedic sayings.
17. We may at this juncture state that vedas give emphasis on the values of life and the said values have universal relevance. There is emphasis on Arth (wealth), Kam (happiness), Dharma (fulfilment) and Moksha (liberation). The scholars have divided these four aspects into two compartments. The first two are called Pursharth and are secular and the other two are relatable to the sphere of spirituality. We may also hasten to add that the vedas have connected man with earth, with water, with air and the connectivity is extremely poignant. In the "Atharvaveda" it has been so said :
"ANITOSAHTO ASTOADHYATISHTHAM PRITHVIMAHAM."
(Atharvaveda 12-1-11) It means, I stand on this earth without putting too much burden on it, without stamping and without injuring it.
Again, it has been expressed as under:--"YASYAM VR1KSHA VANASPATYAHDHRUVAM TISHTHANTIVISHWAHA, PRITHIVIM VISHWADHAYASAM DHRITAMACH- HAVADAMASL " (Atharvaveda 12-1-27) This means, it is the earth that firmly bears the trees, the plants, and the herbs that man needs and therefore, man has to take care of the earth. 18. Rishis have also sung that it is the earth that bears and sustain the men. With regard to the water it has been expressed in the following terms: "SHAM TA APO HEMVATIH SHAMU TE SANTUTSAH. SHAN TE SANISHYADA APAH SHAMU TE SANTU VARSHYAH. SHAM TA APO DHANVANYAH SHAM TE SANTVANUSHYAH. SHAM TE KHANINNIMA APAH SHAM YAH KUMBHEBHIRBHRITAH." (Atharvaveda 19-2-1, 2) A free translation of this : May the waters flowing from the snowy mountain bring joy to you; may the spring waters, the rain waters, the waters flowing into the canals, the waters flowing into the wells and filled into the jars bring joy to you. 19. In Rigveda it has been stated "APASVANTAH VISHWA BHESHJA" While speaking about the air "VATA AVATU BHESHJAM". And in the Yajuneda"MADHUVATA RITAYATE". 20. Planting the trees was considered as a sacred task. It is stated that a person who plants one pipal, one neem and one banyan tree, ten flower creepers, two pomegranate, two orange and five mango trees will never be unhappy.
21. The great Sanskrit poet Kalidasa also described in his famous play Abhijnana Sakuntalam how Shakuntala bestowed her love and care on the ashram trees and creepers. The great poet has also so said about Seeta in Raghuvansham. In Koutilya's Arthasastm a clear provision of penalty is made for the maltreatment of trees and other plants. Similar view has also been expressed by Yajnavalkya.
22. We may also refer to 'Darshana' which are divided into mainly six streams namely, Yoga, Sankhya, Mimansa, Vedunta, Myaya and Vaisesika various streams. The Indian schools have given immense stress on realisation of the being. The thoughts of the said schools are not only in the world of metaphysics, hut have immense value in the physical world.
23. Now we shall have a look at other aspects which find mention is Section 4. It refers to Purana, Itihas, Tantras, Sanskrit and Vedantas. There are many scholars who regard the Ayurveda and Panchamveda and some have different opinion. We need not get into that debate. What we state here is that in the Puranas, Upnishads and the vedas, the essential values of human life are narrated sometimes directly and sometimes through myths. The Dharma has been given priority, Dharma does not necessarily mean religion. It is in fact, the property or character of a being and connotes ethicality and introspection. Certain Shashtras commend seven values, namely, responsibility, competence, freedom in expression, control over the results of ones own work, catharsis, togetherness in rejoicing, giving and taking support, self confidence, enthusiasm, excellence in work, feeling of being useful and humility. Introspection, self-examination are also included at limes. In Kathopnishad it has been stated that a good, pleasant and different direction bind wisemen. A man's purposeful living has been eulogized in many rhetorics. In Apasthambha Dharmsutram it has been mandated that householder must enjoy only those pleasures of life which arc not opposed to moral merit. In Vamanpurana accentuation is on 'Dama' (restraining from sense of appetite); 'Sama' (composure of mind); 'Dana' (charity); Akarpanya (generosity) and 'Tapas' (austerity). In Brahmapurana priority is fixed on egolessness (Naab-himanyata), pleasure and kind approach to others (Priyavadita), 'Maitri' (friendliness); 'Aspraha' (absence of greed), 'Anasuya' (not being envious) and not restraining oneself too much (Anayasa) and 'Daya samast Bhuteshu' (compassionate for all living beings). Thus, ethicality has its priority and the learned counsel for the petitioners have vehemently urged how knowledge can never he sans ethicalily and how the amended provisions totally curb and curtail the spreading of this type of education. We will advert to it at the relevant stage.
24. We may at this juncture, profitably refer to the book On the Veda by Sri Aurobindo, who in his inimitable and profound style interpreted the terms of the Vedas in a symbolic manner and treated it as the store house of knowledge. To quote him :
"For language changed its character, rejected its earlier pliability, shed off old familiar senses; the word contracted and shrank into its outer and concrete significance. The ambrosial wine of the Ananda was forgotten in the physical offering; the image of the clarified butter recalled only the gross libation to mythological deities, lords of the fire and the cloud and the storm-blast, godheads void of any but a material energy and an external lustre. The letter lived on when the spirit was forgotten; the symbol, the body of the doctrine, remained, but the soul of knowledge had fled from its coverings."
25. The said authority while discussing about the various terms used in the Vedantic teaching wrote thus:
"In the early Vedantic teaching of the Upnishads we come across a conception of the Truth which is often expressed by formulas taken from the hymns of the Veda, such as the expression already quoted, satyam rtam brhat. - the truth, the right, the vast. This truth is spoken of in the Veda as a path leading to felicity, leading to immortality. In the Upnishads also it is by the path of the Truth that the Sage or seer, Rishi or Kavi, passes beyond. He passes out of the falsehood, out of the mortal stale into an immortal existence. We have the right therefore to assume that the same conceplion is in question in both Veda and Vedanta.
This psychological conception is that of truth which is truth of divine essence, not truth of mortal sensation and appearance. It is satyam, truth of being; it is in its action rtam, right, truth of divine being regulating right activity both of mind and body; it is brhat, the universal truth proceeding direct and undcformed out of the Infinite. The consciousness that corresponds of the sense-mind which is founded upon limitation. The one is described as Bhuma, the large, the other as alpa, the little. Another name for this supremental or truth consciousness is Mahas which also means the great, the vast. And as for the facts of sensation and appearance which are full of falsehoods (anrtam, not truth or wrong application of the satyam in mental and bodily activity), we have for instruments the senses, the sense-mind (manas) and the intellect working upon their evidence, so far the truth consciousness there are corresponding faculties, - drsti, sruti, viveka, the direct vision of the truth, the direct hearing of its word, the direct discrimination of the right. Whoever is in possession of this truth-consciousness or open to the action of these faculties, is the Rishi or Kavi, sage or seer. It is these conceptions of the truth, satyam and riam, that we have to apply in this opening hymn of the Veda."
26. Thus the illustrious saint has referred to the concept of Jatavedas, knower of all births, visvani vayunani vidvan, which means - it knows all manifestations or phenomena or it possesses all forms and activities of the divine wisdom. Sri Aurobindo has interpreted that divine will is perfectly inspired by divine wisdom which is the effective power of truth-consciousness. We may also refer to certain aspects wherein the concept of truth and essence of knowledge have been inextricably unified. The sign of dissonance is totally absent. The vcdic seer spoke thus :
"Grant us, O Gods, protection-
By protection, give us zest to live;
By such a zest, mutual understanding;
By such an understanding, the knowledge of truth;
By such knowledge, the will to live righteously, By such a will, the love of all things;
And by such love, faith in the WORD That reveals Rita, the Order which upholds the Universe."
The aforesaid shows the connection of the Rita which has connectivity with the universal order.
27. The moral teaching of the vedas and other shastras has also a universal base or foundation. The wise sage expressed thus :
"Let these be my vows;
I will remember good and forget evil.
I will practice faith and shun disbelief.
I will honour knowledge and shun ignorance.
I will follow truth and shun falsehood.
I will lead an austere life and shun luxury."
28. And again praying for the collective so sang the noble Rishi:
"May the far-famed God Indra, bless all with well-being; May the God Surya who knows all, bless all with well-being;
May the Divine Garud, destroyer of inauspicious things, favour all with well-being;
May Brihaspati, the lord of divine wisdom, bring well-being to all."
29. We may at this juncture advert to the other facet of Vedas. It is worth mentioning here that the Vedas are four, namely, Rigveda, Samveda, Yajurveda and Atharvaveda and there are four Upvedas viz., Ayurveda, Gandharvaveda, Dhanurveda and Sthapatya Veda. If all these Vedas are understood in proper perspective, if we with our humility say so, deal with various aspects of life, the way of living, the culture, sculpture, medicines and quintessence of civilisation etc.
30. We may profitably note that in Vedas there are formulae which deal with Mathematics. The vcdic Sutras enable a person to solve complex mathematical problems because of their cogency, compactness and simplicity. It is a total misconception that the Vedas are only relatable to rituals. It is irrefragably not. Mathematicians have observed that where in ordinary multiplication methods of many steps are required but if the Sanskrit Sutra is applied, only one line method is sufficient. We may refer to some Sutras. They arc called 'Urdhwa', 'Tiryak Sutra', 'Ekadhiken Purva Sutra' and 'Kalana-Kalna Sutra'.
31. As we have seen the Vedas convey unified sense of knowledge. The Vedas command to go together, speak together, let the minds be of one accord as the ancient Gods with one accord accept their sacrificial share. Let their hymn be the same, their gain be the same, their mind be the same and their heart be united. The Vedic seers have contemplated the design of the earth, as the loving mother, where the life source has a meaningful purpose and its existence is incarnation of charm and loveliness. It is told in the Vedas that the earth is our mother and we are its children. The sage proclaimed "MATA BHUMIH PUTROHAM PRITHIVYAH". The Vedas have given emphasis on pollution-free world and commend prayer for the protection of the mother earth and all other elements like land, water, air and trees. To put a question : Are they not laws at this juncture to protect the same ? Are we not near to our ancient seers ? Indubitably, yes.
32. The Vcdic sages have sung about the ascendent of mind. There are prayers for celebration of spirit. We may quote Rishi Vishwamitra :
PRANCHAM YAGYAM CHAKRIM VARDHATAM GEEH SAMIBHIDIRGNIM NAMSA DUVASYAN. DIVAH SASHASURVIDTHA KAVEENAM GRITSYAY CHIT TA WSE GA TUMEESHUH.
It conveys the sense, we have made the sacrifice to ascend towards the uprcme, let the Speech increase. With kindlings of aspiration, with obcisance of submission, the illumined Will is set to its workings; expression is manifested in the higher mind to the knowledge of the seers and they aspire for a passage for the illumined Will, in its upward urge for the speech.
33. The modern physicists are also connecting certain theories propagated by the ancient Indians. Some scientists have seen atomic dance in the deity of 'Natraj'. The empirical knowledge which has been achieved, had been perceived by the ancient 'Drastas'. The memories of cells, which is the modern discovery finds place in the wise men of the past. The Psychology, Psychiatry, Neurology had also been adverted in their own way in the Shastras. Presently scholars recognise one continuous shining background which had its base is the pure consciousness. Thoreau, the eminent thinker, realised this and expressed so through his writing, Psychological quiescicnce is not unknown to the ancients. The principle that there cannot be difference between the body and mind was found by them. The great American, Emerson expressed :
"They reckon ill who leave me out; When me they fly I am the wings; I am the doubter and the doubt, And, I the hymn the Brahamana sings."
Possibly for these reasons T.S. Eliot wrote : "Mankind cannot bear too much of reality."
34. We shall now refer to certain aspects of the Upnishads and the Gita which is a part of great Epic Mahabharata written by Vedavyasa. In the Bhagwadgita it has been said :
"SAR VABHUTASTHITAM YO MAN BHAJA TYEKA TVAMASTHITAH. SARVATHA VARTMANOAPISA YOGI MAYI VARTATE."
It expounds that such a Yogi, who engages in the worshipful service of the supersoul, knowing that I and the supersoul are one, remains always in Me in all circumstances.
34-A. In this context we may profitably note that the systematic treatise on the discrimination between right and wrong action which was propounded by Greek Philosopher Aristotle, as Lokmanya Bal Gangadhar Tilak in his book 'Gita Rahasya' has put it, is found in the Gita. The learned author has also expressed the view that the dictum of Mill, Spencer and Kant is also included in the concept of 'STHITAPRAJNA' described in the Gita in the words "SARVABUTAHITE--RATAH". We have indicated this only to highlight the concept that the ancient Indian philosophy engulfs the modern knowledge.
35. We may at this stage profitably refer to the interpretation by the Father of the Nation in relation to the some principles of 'Gita'. It reads as under:--
"But desirelessness of renunciation does not come for the meretalking about it. It is not attained by an intellectual feat. It is attained only by a constant heart-chum. Right knowledge is necessary for attaining renunciation. Learned men possess a knowledge of a kind. They may recite the Vedas from memory, yet they may be steeped in self-indulgence, In order that knowledge may not run riot, the author of the Gita has insisted on devotion accompanying it and has given it the first place knowledge without devotion will be like a misfire. Therefore, says the Gita, 'Have devotion, and knowledge will follow'. This devotion is not merely lip worship, it is wrestling death. Hence the Gita's assessment of the devotee's qualities is similar to that of the sage's."
36. Speaking about the truth thus spoke the Vishvakavi Ravindranath Tagore :
"Maya is like the darkness. No steed, however swift, can carry us beyond it; no amount of water can was it away. Truth is like a lamp; even as it is lit maya vanishes. Our shastras tell us that Truth, even when it is small, can rescue us from the terror which is great. Fear is the atheism of the heart. It can not be overcome from the side of negation. If one of its head he struck off, it breeds, like the monster of the fable, a hundred others. Truth is positive; it is the affirmation of the soul. If even a little of it be roused, it attacks negation at the very heart and over powers it wholly."
37. We may hasten to add the supreme being does not necessarily mean the God. It means as a physicist would put it the supreme feeling of creative intelligence. As a psychoanalyst would put, it is the being of awareness. Similar is the view in the Upnishadas. When it has been said Tat Tatvam Asi (though art that) it also conveys the same. We are not going to interpret the subtlities and the nuances of its interpretation. But it simply means that the entire cosmos remains in the man and the man engulfs the entire cosmos. The purpose of saying is that there is unity everywhere and perception of the said unit is the true knowledge. That is what the modern physicists say.
38. The Indian philosophy as has been put by Radhakrishnan, has its interest in the haunts of men and not in the supra lunar solitudes. It lakes its origin in life. In the words of Ravindranath Tagore, "it is perpetual creation and it always expresses the eternal in us". One of the popular philosophy is the Yogas, which is divided into four parts, namely, Gyan Yoga, Bakti Yoga, Karma Yoga and Raj Yoga. The said Yogas arc not merely thcorization in the metaphysical spheres but have a tremendous bearing in the pragmatic world. Sir Aurobindo spoke elegantly in the following manner :--
"Yoga is a methodised effort towards self-perfection of the potentialities latent in the being and a union of the human individual with the universal and transcendental existence which we see partially expressed in man and in the cosmos."
39. The rudiments of four Yogas arc also found in the Vedas. Patanjali in his Yagasutra described the Yoga as 'Chitvritti Nirodh'. Some interpret Yogas are 'Samatwam'. It is relevant to state here the Sankhya System of philosophy considers the knowledge as direct means to attain liberation and while soemphasizing it also gives priority to the practice of the eight-fold Yoga. In Yogavashistha gives stress on Gyanyoga. In Gyanyoga the mind passes through seven stages of spiritual growth, namely, Shubhechha, Vikaram, Tanumanush, Satvapatti, Asam Shakti, Padarth Bhawani and Turyag.
40. We may now deal with many other forms of Yoga, namely, 'Mantra Yoga', 'Lay Yoga', 'Hath Yoga', 'Asparsh Yoga' and 'Anashakti Yoga'. It is relevant to mention here that the modern science has recognised the needs of Yoga and has arrived at the conclusion that there is connection between Yoga and Psychology. In the words of J.B. Rihinc Yoga opens up new frontiers. In the psychology there is an attempt to proceed from normal to superior. Normal, mental phenomena includes certain kinds of Vrittis, namely, Praman (right knowledge), Viparyay (erroneous knowledge), Viklap (fancy), Smriti (memories). These aspects come into existence because of Avidya and Avidya is associated with Asmita (egoism), Rag (attachment), Dwesh (repulsion), Abhinivesha (fobia for death). Practice of Yoga in a proper way understands the extra sensory perception. Psychological studies by Corringtom and Tyrrel have proved beyond doubt that super normal phenomena has acceptance and there is an extra physical element in a man.
41. The purpose of referring to all these is to show that wisdom of the ancients are being slowly proved adopting of tests by scientific methods. Perhaps for this reason while speaking about Shankara, an eminent commentator on the Vedanta, Dr. Radhakrishnan expressed thus:--
"It is impossible to read Shankara's writing, packed as they are with serious and subtle thinking, without being conscious that one is in contact with a mind of a very fine penetration and profound spirituality..... His Philosophy stands forth complete, needing neither a before nor an after. It has a self-justifying wholeness characteristic of works of art...... Whether we agree of differ, the penetrating light of his mind never leaves us where we were."
42. Thus, mind assumes a very prominent role in Shankara. The Vedantas distinguish self from body and the body is categorised into three compartments, namely, Karan Shariram (Casual Body), Ling Shariram (subtle body) and Sthool Shariram (gross physical body). It has been commended that for cultivation of higher ethical foundation one must have Sam (calmness), Dam (self control), Uparati (auslcnance), Titiksha (endurance), Samadhan (contemplative concentration) and Shridha (faith) and achieve the highest level of unified awareness where the physical frame remains a skeleton and consciousness raises the mind to great height. It is apropos to mention here that the ancients gave immense insistence on the supreme consciousness that could travel the mind to a different realm. In their search for the creative intelligence, the formless and yet has a form attributed and without attributed their search remained constant to get into the cosmic void. In the process they strived to arrive at the ultimate truth where no thought remained, the egolessness pervaded and concept of 'neti' slowly disappeared. In this regard the saint of the last century Roman Maharishi spoke "Meditate till you know that you are not meditating."
The purpose of referring to the aforesaid is that the modern science is making an effort to take man to a state of thoughtlessness for the purpose of bringing him close to the creative power so that the body cells can regenerate in a new form.
43. We will also make an endeavour to show how the vedic learning is concerned with human anatomy and physiology. The Atharvaveda gives a picture human by bio existence in a different manner. The views of the said vedas qua human anatomy coincides more than less with that of medical science today. The language of interpretation is different, but the essence is the same. The Atharvaveda does not perceive man's physiology as delineated in terms of science but visualises in subtler elements. The Nadis, annihilation, exhilation, retention of air in the body has its corresponding note in the winds and Vayu.
44. That the human mind is the most complex feature of the human body. The scientists are not in a position to locate where the mind is and how the mind exactly functions. Shankara, propounder of Advaitvedanta reveals that the deep rooted world of form arose from expressed in a different way by Sacrates, Rene Descartes, Spinoza, A.N. Whitehead and Immanual. In the last century reputed scientists like Nile Bohr, Davit Bohm, Alain Aspect have also opined on the facet strange quantum world opinion. The vedic concept of consciousness has been connected with protomentality. This is able to reveal a picture of unified theory which the vedic seers perceived. The famous Neurophysiologist Sir John Eccles and Sir Karl Poppar have been able to find out that though mind and manner stand in contradistinction, there is interaction. Neuroscientists have come to the conclusion by empirical perceptive mind take a decision by decoding, the chemicalisation informations. A prior knowledge is getting corroboration by a posterior knowledge. Scientists have come to learn the information that the brain is one of the most complex organ in the human body and it has more than 10,000,000,000,000 cells. 90% of glia and rest are neuron. Thinking and feelings are purely electro-chemical activity in the brain cells. It is well known that scientists till today do not know actual use of some parts of human brain. It has still remained an enigma. Shastras say by result of meditation there occurs switching of certain unknown cells in the brain and that is how the yogic personality awakens his 'Kundalini'. The feeling of 'samadhi' is in the realm of research presently in parapsychology. Some thinkers have gone to the extent of saying that human mind can achieve certain things by meditation and the scientists may one day prove that human being is only a 'bionic robot' of a different entity. Possibly that is why in Bhagwadgeeta it has been stated 'NIMMIT MATRAM BHAV". Emphasis is led on Leela. This aspect may be compared to the sayings in Genesis "Dust thou Art, and unto dust shalt thou return ". We may also refer to another interesting aspect of the brain. The scientists have proven that brain generates a small amount of measurable electricity by the rush called electroencephalograph, the electricity so picked up amplify and display in a graphpaper. These graphs are called brain wave graphs, according to variation in frequency. Scienlist had named them as alpha, beta, delta and theta. Difference of these waves beta is a wave pattern that an awakened or active condition. Alpha waves prevails in the brain during advance state of relaxation. But presently it has been proved that there are people who go consciously much themselves into alpha brain wave state. Yogic practitioners have the capability to change the waves and the yoga is a part of Indian traditional philosophy by which the biofeedback takes place.
45. At this juncture, we think we have adverted and dwelled upon, in our humble way, on the basic concept as has been putforth before us. In this context we only desire to quote a passage from Swami Vivckananda :
"Awake, arise, and dream no more ! This is the land of dreams, where Karma Weaves unthreaded garlands with our thoughts Of flowers sweet or noxious, and none Has root or stem, being born in naught, which The softest breath of Truth drives back to Primal nothingness. Be bold, and face The Truth ! Be one with it ! Let visions cease, Or, if you cannot, dream but truer dreams, Which are Eternal Love and Service Free."
46. We think it is necessitous to refer to certain aspects which are spoken in the Upnishads which not only preach the path of the high spirituality but also make one to roam in the sphere of ethicality. It has been expressed as under:--
'Na Dhanen Na prajya Tyaganaike Amrilalvamanushah."
47. The aforesaid means that neither by rituals, nor by progeny not even by wealth but only by renunciation people attain immortality. Thus, the stress is on the concept of sacrifice. It is not out of place to mention here that at certain levels the expressions have reached the highest level of psycho analysis. Not for nothing it has been stated that 21st century belongs to scientific study of psycho analysis. The Shastras have stated that world is going on because it is bound by latent impressions. Speaking about the mind and eternal time it has been so setforth :
"Kalatmani Manoleenam Trikalgyankarnam "
(Yogashikha 5-48) The meaning of the aforesaid is when mind dissolves in eternal time it results in the knowledge of past, present and future.
48. The effect and importance of humanism has been spoken by the seers in the following words:
"Svaatmvatsarvbhuteshu Kaayen Mansa Gira. Anugya Ya Daya Saiv Prokta Vedantvadibhih...
(Jaa. Da. Up. 1-15) A free translation of the aforesaid would mean the vedantins believe that compassion is identified one's own self in all the beings by body, word and thought.
Talking about the labour and management the Shastras say;
"Naanaashraantaay Shrirsti" which means "no work, no wealth".
49. It is not inapposite at this juncture to mention that there are various other Shastras in Sanskrit Literature. They include, 'Arth Shastra', 'Shilpa Shastra', 'Dharma Shastra' and 'Natya Shastra'. We have used the word Dharma because there are various Shastras which speak of Dharma. Certain Preceptors have classified Dharma into two categories namely, 'Samanya Dharma' and 'Vishesh Dharma'. The General Dharma is universal morality and comprises of righteousness, duty and benevolence. There arc ten ingredients of Samanya Dharma. They are self possession, forbearance, bodily discipline, non-theft, purity of body and mind, sense control, intellectual efficiency, learning, devotion to truth and non-anger.
50. The concept of political philosophy is also clearly perceivable in the Shastras. We may at this juncture, refer to American Declaration of Independence which says "All men are created equal". Doubts have arisen about this naturalistic view though there is the legalistic sanction behind it. The idealistic view finds place in the Shloka which reads as under :--
"Avam Yassaatvabhuteshu Pashyatyaatmaanamaatmana. Sa Sarvasamtaametya Bramhapyeti Param Padam." Buhler's gives the translation in the following words :
"He who thus recognizes the self through the self in all created beings, becomes equal (equal-minded) towards all, and enters the highest state, (that of) Brahman."
51. We would also like to mention that the modern authors have also made immense endeavour to connect the ancient Shastras with the physio psychological component of the present day. Aldous Huxley in his book 'Perennial Philosophy' has referred to the theory of Dr. Willem Sheldon who has divided the physical component into three categories, namely, Endomorphy, Mesomorphy and Ectomorphy and the author found connection with these components with the classification of paths preached in the Shrimad Bhagawat Gita. We may at this stage state that empericist philosopher, John Locke says that human mind is like a 'Tabula rasa', a plain paper, where experience can have its stamp. Russian Psychologist Prof. A.N. Sokolov established through electronic devices that language written or audible is inevitable for any kind of thought process in human brain. Thus it has been proven that there can not be thought without language. Prof. Richard F. Thompson, in his book 'Introduction to the Physiological Psychology' has illustrated the neurolinguistic effects on the brain waves. Though this is modern discovery, the same was spoken in a different way by the great Kavi Kalidas when he said "Vagarthaviva samprktau".
52. Moral teaching and the emphasis on truth which are systematically magnified in the Sanskrit Literature can not be undermined. The Shastras have said that the earth exists because of truth. Bertrand Russell while speaking about the truthfulness spoke thus:--
"To produce the habit of truthfulness should be one of the major aims of moral education. I do not mean truthfulness is speech only, but also in thought; indeed, of the two, the latter seems to me the more important. I prefer a person who lies with full consciousness of what he is doing to a person who first subconsciously deceives himself and then imagines that he is being virtuous and truthful. Indeed, no man who thinks truthfully can believe that it is always wrong to speak untruthfully. Those who hold that a lie is always wrong have to supplement this view by a great deal of casuistry and considerable practice in misleading ambiguities, by means of which they deceive without admitting to themselves that they are lying. Nevertheless, I hold that the occasions when lying in justifiable are few - much fewer than would be inferred from the practice of high-minded men. And almost all the occasions which justify lying are occasions where power is being used tyrannically, or where people arc engaged in some harmful activity such as war; therefore in a good social system they would be even rarer than they are now."
53. We have highlighted that there is unification of knowledge in the Vedas, Puranas, Itihas, Darshan and Sanskrit literature as a whole. The learned senior counsel for the petitioners have submitted that every aspect and facet of modern knowledge has been there either in direct form or indirect form in the Vedic literature and other writings in Sanskrit.
54. In all the systems if one may say so, the end is the same, the means may be different. Sources of Dharma are in the Vedas, 'Dharma', in its connotativc expanse means the tradition and practice of those that have the conduct of virtuous man and the individual conscience. This world is of protean significance as Dr. Sarvapalli Radhakrishnan would put it. The universal brotherhood among the living and amongst things which have been succintly put in the Vedas has also been spoken differently by the great poets who are the "Kavis". We may profitably quote few lines from S.T. Coleridge :
"He prayeth well, who loveth well Both man and bird and beast. He prayeth best who loveth best All things both great and small."
55. We may also note that the Vedas and other scriptures do not shun or eschew the pleasure but they do not treat a life of total pleasure as perfect life. Qualitative good and oneness of universe is the basic foundation of the vedic literature. It proudly announces Vasudhaiva Kutumbkam, Sacrifice for others and for collective good have been emphasised in every sphere for harmony in the universe. If we allow ourselves to say so, it is the motto of the vedas. There may be some thinkers who have announced that life should be pleasure oriented and one must enjoy till the rim for the simple reason, the body that gets burnt docs not arise again. It may be a singular philosopher Chatvak, or a school that speaks 'Charuvak'. But the aforesaid thought is a fragmentation of thought of some philosophers but is not the be all and end all. If all branches of philosophy are studied with devotion a complete and wholeness of life emerges with a paramount purpose dedicated to collective good. It does not speak in favour of cynicism and does not allow scepticism to penetrate into its marrows. It totally ostracizes the principle "Hodievivendum, amissa, praeteritorum, cura". Emphasis is on not only to live long but also to live rightly. We may quote Seneca in this context "longa est vita si plena est', which means life is long if it is full. We have referred to the great Greek dramatist only to show that great men think alike. Thus, vedic literature, other epics and Darshanas make the learning the eye of one's mind. Not for nothing, it has been said "learning teachcth more in one year than experience in twenty".
56. We may proceed to add that metaphysics of Indian philosophy is not exactly a theory. In fact, in unravels the whole of knowledge as an ocean. The metaphysics and Shastras show that there is a science of universe. If we may say so that the knowledge is so vast that one may compare it to a fish which lives in ocean but docs not realise the depth of the ocean. Some may say the primitive man was perplexed by miracles of nature but definitely there was an attempt, a dexterous one, to explain the same in many a way. Twenty First Century man has to proceed to find out what the seers said and may prove it in the test conducted by scientific means. Our whole purpose here is to understand the signification as Mr. Jain and Mr. Shrivastava, learned senior counsel would put it, that the purpose for which the University was established was to understand the completeness of being in its conceptual eventuality, continnum progress, crossing the barriers of the dimensional world, to realise that the traditional India was not totally a ritualistic one but a rational one and to comprehend its rationalisation, one has to delve deep into it. The learned counsel have proponed that the truth is hidden and that is the treasure and it has to be found out by enormous endeavour and brought in harmony with the present day precept and paradigm. We may not say any further on this score and repeat at the cost of repetition that we have said so, as it will be absolutely relevant while dealing with vires of some of the amended provisions. As we have said at the beginning, it is a different kind of legislation and we cannot, though we are not experts, totally abdicate our duty to make an effort to understand the works, atleast in their basic context.
57. From the aforesaid discussion, it becomes plain as noon day that the Vedic learning including, Darshana, Itihas, Puranas, Upnishadas, Gyan and Vigyan and promotion and development of the studies of Sanskrit have a modern signification. It is not in apposite to mention here that research is in vogue how to utilise the Sanskrit language in computer. The man-machine conversation has gathered immense importance and the linguistic theories have accepted that the Paninian Grammar can be computer friendly.
58. The moot question that arises in this writ petition is whether all the amended provisions suffer from the vice of unconstitutionality or some can be saved by adopting the doctrine of severability.
59. Before we proceed to delineate the legal contours, it is appropriate to exposit the facts as have been putforth before us. It in pleaded in the petition that the petitioner No. 1, Maharshi Mahesh Yogi Vishwavidyalaya, is a University established and incorporated as such under Section 3 of the Act. The petitioner No. 2 is a teacher and employed in the University, whereas the petitioner No. 3 is a student and all of them are interested in the fulfilment of the object of the University for which it has been established. It is putforth that since last 40 years Maharshi Mahesh Yogi has been suggesting that the solution to the problems in the education lies in developing the limitless inner potential of students and teachers. To achieve this end he has revived the ancient vedic science, the knowledge for systematic unfolding the full range of human consciousness. This knowledge is Maharshi's technology of the unified field and includes the Transcendental Meditation (TM) and Transcendental Meditation Siddhi Programmes. Transcendental Meditation is learnt by more than three million people world wide and implemented in public and private educational institutions in more than 20 countries through universities, colleges, schools and educational institutions. Extensive research and experience have resulted in University enabling education system to realise the highest ends. It is setforth what Vedas attained and how it has corelation with the present education system. The Maharshi has conceived an idea of comprehensive learning of integrating the objective approach of the present modern science with the subjective approach of vedic science to unfold the total creative genius of every student. It has been stated that there is enough material in Vedas which pertains to seed production, crop production, sericulture, health care, management, beauty culture, marketing and accounting. It has been setforth that the Vedas are the structure of pure knowledge having infinite creative potential which could be harvested by an individual.
60. According to the writ petitioners the Madhya Pradesh Government imbibed by same ideas and having acknowledged not only the relevance but indispensibility of integrating the present system of education with vedic principles, invited and encouraged Maharshi to impart its education through its educational institution to which it would grant university status. This gave rise to the Act in question.
61. Reference has been made to various provisions of the Act. Emphasis has been led under Section 4(1) of the Act to highlight that the aforesaid provision brings out the whole concept of education to be imparted through the University and it embraces within its field to make provisions for research and for the advancement of knowledge. The University is functioning as a private University, complete and equipped as any other University with special emphasis on vedic learning and practices in complete sense and not restricted to study of vedic learning or practice alone.
62. Reference has been made to Sections 4, 5, 6, 8, 16, 17, 18, 19, 21, 24, 25, 26 and 27 of the Act to highlight that the University is conceived and established as a complete autonomous University like other universities without being subject to State control so that it is guaranteed requisite freedom and autonomy for the purposes of discharging its function and exercise of powers in fulfilment of the objectives. This autonomy guaranteed to the University is the hallmark of the legislation. There is reference to the report of Kothari Commission, wherein emphasis was led on the University autonomy. It is averred in the petition that conjoint reading of Clauses (i) and (ii) of Section 4 of the Act would reveal that in so far as performance and functions qua education by the University is concerned, it embraces within its field not only vedic knowledge but also professional and vocational knowledge to make the goal of education complete by providing full knowledge. The concept of vocationalisation dates back to ancient vedic culture in which skilled knowledge was transferred from father to son or teacher to pupil. There is reference to various reports, which we need not advert in detail. It is pleaded that authorities of the University are enumerated in Section 16 of the Act which includes, inter alia, the Board of Management, constituted under Section 17 of the Act and the said management includes Secretary, Incharge of Higher Education as a representative of the State Government. The Board of Management by virtue of the provisions contained in Section 18 (1) of the Act is the Principal Executive Body and has the power of management and administration in relation to the affairs of the University.
63. Reference has been made to Section 24 of the Act to indicate the power to frame statutes. It is putforth that Ordinance No. 15 has been framed with previous approval of the Board of Management meaning thereby there has been tacit approval of the State Government for opening various courses of study in relation to degrees, Diplomas and Certificates. A copy of the Ordinance No. 15 has been brought on record as Annexure P-2.
64. It is putforth that on a perusal of the said Ordinance it is perceptible that course of study in the University is vast and comprehensive and the said study is related to vedic knowledge. The Ordinance prescribes professional courses such as Project Management, Human Resources Management, Financial Management, Marketing Management, Accounting and Auditing Banking etc. It further provides vocational courses such as Stenography (Hindi/ English), Office Management and Secretarial Practice, Computer Technology, Marketing and Sales, Dress Designing and Manufacturing, Textile Designing and Printing, Horticulture, Seed Pioduction, Crop Production, Sericulture, Food Processing & Preservation, Cultivation and Plantation of Medicinal Plants, Health Care and Beauty Culture, etc. It also provides the courses of study in Maharishi Ayurved, Pulse Diagnosis, Prevention, Daily and Seasonal Routine, Diet, Digestion and Nutrition etc. The vocational courses were opened obviously to prevent rush to general education and fulfil the national goals of manpower, development and the removal of unemployment and distribution. It is putforth that the course of studies so provided in the Ordinance of the University is not only in consonance with objects of establishment of the University but is intended to truly and faithfully effectuate the powers and functions of the University as laid down under Section 4 of the Act. Since the time of establishment of the University and its commencement, it has been faithfully and successfully performing its functions of imparting full and complete knowledge in Vedic professional and vocational courses including BBA/BCA which was approved by the State Government. The orders of said approval of the State Government have been brought on record as Annexures P/2-A and P/2-B. It is putforth that an infrastructure of high standard in education and teaching has been created and the University has acquired its own distinguished reputation. It is a complete infrastructure comprising of permanent furnished buildings, teachers, staff, buses, library etc. The capital expenditure on the University as on 31-3-2000 is Rs. 12.74 crores besides the recurring expenditure which for the same period is Rs. 11.00 crores. 3006-students have received education from the University and awarded certificates/diplomas/degrecs. 3136 students are on the roll of the University for the academic year 2000-2001. It has also awarded Ph.D. Degree to 10 students and 70 students are pursuing their Ph.D. and are enrolled with the University. Out of these 46 students are getting scholarship in the range of Rs. 1500A to 2000/- per month.
65. According to the writ petitioners as an evidence of its legal and proper functioning, conforming to the standard of leaching and excellence in the field of education, the University Grants Commission, New Delhi, vide Office Memorandum No. F-9-9/96 (CPP-I) dated 24-8-1998, notified inclusion of the petitioners' University in the list of universities maintained by the U.G.C. under Section 2(f) of the University Grants Commission Act, 1956 (for brevity'1956 Act').
66. It has been pleaded that when the matter stood thus, the University was surprised to have received the memorandum from the Officer on Special Duty in the Department of Higher Education alleging that the courses of study prescribed in Clauses (i) and (j) of the Ordinance No. 15 are contrary to the aims and objects of the University and, therefore, not acceptable. The University was called upon to give reply and the University submitted the reply vide Annexure P-7 explaining in detail supported by cogent reasons and logic. Thereafter the Maharshi Mahesh Yogi Vedic Vishwavidyalaya (Sanshodhan) Adhiniyam, 1999 (Act No. 5 of 2000) [in short 'the amended Act'] came into existence. In the amended Act Sections 2, 4, 9 and 17 have been amended and new Sections 31-A, 31-B, 31-C, 37-A and 37-B are inserted.
67. It is averred in the writ petition that by the amended Act concept of Vedic learning under Section 4 (i) of the Act has been drastically changed by using the word "only" and deleting the words "dissemination of knowledge", and it has curtailed the power of the University. The proviso which has been added stipulates that no course shall be conducted and no centres shall be established and run without prior approval of the State Government. It is putforth that by virtue of the new amendment for all legal and practical purposes the power and function of conduct of courses and establishment, running of centres has been arrogated by the State Government making inroad into the freedom and autonomy of the University as an institution of education of excellence. It is putforth that such an amendment clearly destroys the basic object, feature and fabric of the Act and creates a discrimination between the petitioner-University and the universities established under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (hereinafter referred to as 'the Vishwavidyalaya Adhiniyam'). A reference has been made to Sub-section (2) of Section 9 of the Act how the Chancellor will be chosen. There is a reference to other amended sections to highlight that there has been penetration into the Act which sabotages the autonomy of the University and also corrodes its role to provide a syllabi. It is contended in the petition that the provisions arc arbitrary irrational and unreasonable and they arc hit by Article 14 of the Constitution as there has been discrimination between the other universities and the petitioner-University. The challenge is also on the ground that every individual has the liberty to achieve full meaning and completeness of life and the amendment has smothered the same and hence, it is against the basic ingredients of Article 21 of the Constitution. It is also averred that certain provisions have been brought into existence in colourable exercise of power and, therefore, sensitively susceptible. It is putforth that the State Government has assumed deep and pervasive control in the affairs of the University which offends the statutory scheme of the University and, therefore, the amended provisions are ultravires. It is also setforth that the State Legislature has no competence or power to legislate in relation to the matters in issue inasmuch as the same falls within the exclusive domain of the Parliament by virtue of power vested in it under the Constitution, especially in view of Entry 66 of List-I of the VIIth Schedule. It is apposite to mention here that this ground has been taken by way of amendment and in absence of objection we have delved into it on merits.
68. A return has been filed by the answering respondents contending, inter alia, that the M.P. Vishwavidyalaya Adhiniyam, 1973 was enacted by the State Legislature to consolidate and amend law relating to Universities and to make better provisions for the organisation and administration of the Universities in the State. The Universities and affiliated colleges are established and run as per statutory norms. No institution enjoys absolute autonomy. The system of checks and balance has been evolved through various legislative enactments and every university is obliged to seek and follow the instructions of the statutory controlling authority. The petitioner university has deliberately tried to usurp powers not given to it initially under the Act and hence, it became imperative to reign its illegal commercial activities by providing adequate control over the university through the Amendment Act, 2000 so that the first private university of the State is not allowed to play havoc in the field of higher education. It is putforth that the university was established with the object to promote and develop the study of Sanskrit so as to provide the vedic learning and practice. The whole concept of the Act is akin to Gurukul method prevalent in ancient times in Hindu Civilization when religion was the main source for all activities. Religion saturated educational ideals and the study of vedic literature was indispensable. It is putforth that the Vedas are sacred hymns and oblation verses composed in Sanskrit. The hymns formed liturgical corpus that part grew up around the cult of 'soma' and the sacrifice and extolled the hereditary deities, the most part personified various natural and cosmic phenomena such as Fire (Agni), Sun (Surya), the Dawn (Usha), the Storms (the Maruts), War and Rain (Indra), Honour (Mitra), Divine authority (Varuna) and Creation (Indra with some aid of Vishnu). Hymns were composed to these deities and many were recited during rituals. The foremost collection or samhita or such hymns from which the chief priest drew the material for his recitation is Rigveda. There is reference to various aspects of vedas and Upnishads. It is putforth that in the name of vedic learning the university can not open courses of 'Aghorevidya',
69. It is alleged in the return that the Chancellor of the University never signed any paper for agreement of certain proposals regarding rules and regulations and ordinance of the University as is evident from the Annexures R-l and R-2 and such a state of affairs can not be allowed to continue. It is putforth that meeting of the Board of Management was held on 22-5-1996 at Bhopal and till that day the Chancellor had not given his oral consent to the proposed rules, statutes, ordinance etc. to be placed before the Government of Madhya Pradesh. Yet the University had started functioning and taken important decision of far reaching consequences. It is pleaded in the return that various courses mentioned in Annexure R-3 fall under the purview of School Education Department. AICTE and /an Shakti Niyojan Department, Board of Secondary Education and Medical Education Department. Agriculture and Horticulture Department or Krishi Vishwavidyalayas, etc. It has also been stated that as against 23 courses mentioned in Paragraph 4 of Annexure R-3, the University has opened 29 courses as per Annexure P-3. According to the respondent, the courses have been opened on the basis of whims and fancies of certain individuals without any detailed discussion on the course content, relevance, usefulness, availability of leaching faculty at 55 centres in M.P. It is setforth that on an average 30 students have been admitted in 55 centres of Madhya Pradesh and in some centres only 2 to 3 students have been enrolled and naturally this state of affairs has given rise to many complaints from students and teachers and students have complained that the university has failed to make arrangements for regular classroom teaching. An FIR has also been lodged against the Deputy Registrar of the University under Section 420 of IPC as is apparent from Annexure R-4. The universities centres have spread all over M.P. as a result of which many disputes have arisen and complaints have been made by other universities. This aspect has also been brought to the notice of the authorities of the petitioner university on 20-3-1997 by the Principal Secretary of Higher Education. Pro-Vice Chancellor of the University assured that the University is committed to adhere to rules but the assurance was not fulfilled. It has been asserted that the university is bent upon to welcome anyone to enrol as a student in every class irrespective of his/her qualification. It has also been alleged that after four years of enactment of the Act provision of Section 7 regarding compulsory residential facilities have not been fulfilled. Statutory requirement of sending annual audit report certified by a Chartered Accountant as per provisions of the Act has not been complied with. It is further putforth that the university is guilty of opening of all sorts of courses and has caused territorial jurisdictional disputes with other universities. It is putforth that by amending the Act reasonable restrictions on the illegal activities of the university is put and by no stretch of imagination it can be said that the said provisions are ultravires. It is setforth that the university is carrying on uncontrollable, illegal activities and started the vocational training course by selling admission forms and granting admission on payment of fees. The petitioner university is attempting to enlarge the scope of activities and opening new courses on the basis of the word veda which means knowledge. On this basis the petitioner university is making endeavour to claim that subjects like sericulture, seed production, beauty culture, stenography are covered under the vedic studies. According to the respondent the University in the camouflage of doing service to the society is embarking on a commercial venture illegally and unauthorisedly. It is attempting to cover all the branches on the foundation 'advancement and dissemination of knowledge' which is unacceptable. It is putforth that the university has misconstrued the import of the unamended Act in question and tried to open branches of study which arc non-vedic and crated problems. It has also been pleaded that the courses which have been chosen by the university as typing, stenography and computer courses have nothing to do with vedic learning and the university should confine itself to the subject for which it has been established. The university is not very sincere in achieving its object and is more concerned with the commercial venture. It has not furnished any information regarding the requisite and proper infrastructure details. According to the respondents the university was required to obtain prior permission from the Higher Education Department before seeking the sanction from the Janshakit Niyojana Department to open BBA and BCA courses as the ordinances framed by the university do not include these courses and hence, the permission granted by the Janshakti Niyojana has no avail and in fact is inconsequential. Various other details have been made indicating the correspondences that went on between the authorities of the State and the persons who manage the university and eventually efforts were concretised by enacting the amended provision to curb the activities of the university.
70. It is further putforth that the creation of fund collected under Sections 31-A and 31-B are for the benefit of the employees of the universities. Provisions of a few crores of rupees as permanent endowment fund is minuscules for a university which professes and claims to build an educational centre at the cost of Rs. 10,000 crores. It has also been stated that by insertion of Section 31-C the Legislature has not acted arbitrarily in view of the declared policy of the Government that the self sufficient educational institution will not receive any grant-in-aid. According to the respondents stringent provisions are necessary for erring management. It is also submitted that provisions of Section 37-B are not repugnant to principles of education in a university. Invasion of the Slate in the autonomy of the University is denied. A stand has been taken that there cannot be total immunity from the State control.
71. It is also pleaded that the University should itself to the teaching of Sanskrit and Vedic learning which do not include vocational courses like B.Ed., Stenography and Typing, BBA, BCA etc. It is also putforth that the University has erred immensely and idulgencc cannot be shown to it.
72. A rejoinder affidavit has been filed by the petitioners, wherein it has been pleaded that any hindrances proposed to be caused by the respondents in regard to running of courses of excellence in computer studies such as BBA and BCA is wholly unauthorised, illegal and arbitrary. It is putforth that the State Government has accorded approval for the aforesaid courses vide letter dated 26-11-1998, Annexure P-10. As far as other courses arc concerned they have been prescribed in the Ordinance No. 15 and the same fulfils the requirement of law having been sanctioned by the competent Board of Management, comprising of the functionaries of the State Government. It is putforth that there is no just, reasonable and rationale justifying the discontinuance of the courses of studies conducted by the University as per law on any ground or justification in the interest of students or public at large. The petitioners have also brought on record a part of the report of the Kothari Commission, Annexure P-II, to show the manner in which the University is to be governed. Emphasis is led on the autonomy of the University. It is also highlighted that the University has approximately spent Rs. 60 crores and has realised towards tuition fee of 2.5 crores and that itself shows financial strength of the University. Other allegations made against the University have been controverted as baseless. The reference to Gurukul Shiksha Padhati as prevalent in the ancient time of Hindu Civilisation has no nexus to the object and reasons of the Act and these provisions of the Act have been introduced as alleged, without any foundation by the deponent who has his own perception of the Vedas. It is setforth that concept of vedic education as propounded in the philosophy of Maharshi Yogi is a complete knowledge which helps a person to unfold to its limitless potential and that is sought to be achieved with the help of providing a vedic background or base to every aspect of professional and vocational education. Comments on the Chancellor of the University has been seriously criticised by the University. Opening of courses by whims and fancy has been denied. In regard to imparting trainingin BBA and BCA it has been pleaded that enough money has been invested to have these courses. It is putforth that it is implicit in the study of vedic literature and Ved Vigyan propounded by Maharshi Mahesh Yogi that no area of life is untouched by veda and vedic literature. The pervasive control which is sought to be taken by amending the Act has been seriously commented in the rejoinder. The allegation that the University has entered commercial venture has been categorically controverted. Emphasis is laid on vocational education to highlight that Vedic education did include vocational training. Emphasis is also laid on the curriculum for the purpose of comprehensive learning in making a man complete. It has been highlighted that Ordinance No. 15 of the University was approved and the Government representative never objected when the agenda papers were circulated to the University and later on also the Government representative did not make any objection during the confirmation of minutes when they were sent to the Government. The Statutes, Ordinances and Regulations of the University have been printed by the Government Press and submitted to the Department of Higher Education on 10-1-1997 with the Chancellors' approval. It is putforth that the State Government permitted the petitioner-Management to print the Statutes, Ordinances and Regulations in the State Gazette vide letter dated 19-3-1997 which has been brought on record as Annexurc P-15. It has been highlighted that the BBA and BCA courses were started with specific approval of the Department of Technical Education which was later ratified by the Higher Education Department, vide Annexure P-10. Comments have been given on the amended provisions to show how they are unconstitutional and how the State Government has made an adroit attempt to create a dent in the autonomy of the University. The allegation of mismanagement has been totally disputed,
73. We have heard Mr. N.C. Jain and Mr. Ravindra Shrivastava, learned senior counsel along with Mr. R.K. Jain and Mr. S.K. Seth, learned Additional Advocate General for the State.
74. Questioning the pregnability and penetrability of the amended provisions it was submitted by the learned senior counsel for the petitioners that the provisions are totally destructive of the basic meaning of life, as enshrined under Article 21 of the Constitution inasmuch as Article 21 guarantees fundamental right to a person to live with liberty which also includes right to provide amenities for maintaining proper health and to remove hazardous disease and to impart education by which full knowledge is attained. It is also submitted by them that certain provisions are absolutely arbitrary, unreasonable and irrational and thereby corrode the conscience of the Article 14 of the Constitution. It is also urged that the petitioner-University which is self-functioning University has been discriminated against the universities established under the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 and such discrimination erodes the basic edifice of the equality clause of Article 14 of the Constitution. It is also highlighted by the learned senior counsel that the Amended Act No. 6 seeks to confer absolute and unguided control on the State Government as regards the type and number of courses and study in the present University which is beyond the legislative competence of the State Legislature. It is urged by the learned senior counsel for the petitioners that the amended provisions suffer from legislative power and, therefore, invalid in the eye of law. They have referred to the constitution of the University Grants Commission Act, 1956 to highlight how the amended provisions are not intravires the Constitution.
75. Combatting the aforesaid submissions, Mr. Seth, learned Additional Advocate General contended that the amendment which has been effected is not to curb the activities of the University but to remind the University of its own working sphere and such an action cannot be, by any stretch of imagination regarded as arbitrary or irrational. It is putforth by him that the foundation which has been built to highlight that there has been violation of Article 21 of the Constitution is absolutely inconsequential, because by such an amendment of the Act no segment of the conceptual essence of Article 21 is violated. The learned counsel urged that if the amended provisions are scanned in proper perspective there is no arbitrariness, unreasonableness or irrationality and hence, they arc not hit by the conscientious razor of Article 14 of the Constitution. Mr. Seth has also propounded that certain syllabi have been included which have nothing to do with Section 4 (i) of the Act and, therefore, the State Government had to intervene to establish harmony amongst various universities.
76. It is putforth that repugnancy which has been built up by the petitioner is like castle in Spain and is devoid of any substratum and hence, has to collapse like a pack of cards for the simple reason, anything which has no roots cannot be embedded on the earth.
77. We may at the outset state that the learned counsel for the parties have cited certain decisions and we shall refer to them at the relevant time while dealing with their respective submissions.
78. Before we proceed to deal with the submissions it is apposite to state the concept of autonomy, as has been submitted in the report of Kothari Commission. In Paragraphs 13.03, 13.05, 13.07 and 13.08 the Commission had expressed the view as under :--
"13.03. The Concept of University Autonomy.-- To begin with, a distinction needs to be made between University autonomy and academic freedom of university and college teachers. This freedom implies that a teacher cannot be ordered or of required to teach something which goes against his conscience or conflicts with his conception of truth. In this context, we would also like to emphasize the freedom of teachers to hold and express their views, however radical within the classroom (and outside) provided they arc careful to present the different aspects of a problem without confusing teaching with 'propaganda' in favour of their own particular views. A teacher should be free to pursue and publish his studies and research; and speak and write about and participate in debates on significant national and international issues. He should receive all facilities and encouragement in his work, teaching and research even when his view and approach be in opposition to those of his seniors and the head of his department or faculty.
13.05. The proper sphere of university autonomy lies principally in three fields :
-- the selection of students;
-- the appointment and promotion of teachers;
-- the determination of courses of study, methods of teaching, and the selection of areas and problems of research.
13.07. It is important to recognise that the case for autonomy of universities rests on the fundamental consideration that, without it, universities cannot discharge effectively their principal functions of teaching, research and service to the community; and that only an autonomous institution, free from regimentation of ideas and pressure of party or power politics, can pursue truth fearlessly and build up, in its teachers and students, habits of independent thinking and a spirit of enquiry unfettered by the limitations and prejudices of the near and the immediate which is so essential for the development of a free society. As Bertrand Russel has observed; 'where independent thinking dies out, whether from lack of courage or absence of discipline, there the evil weeds of propaganda and authoritarianism proliferate unchecked. The stifling of criticism is thus a much more serious thing than many people realise. Far from creating a living unity of purpose in a society, it imposes a kind of insipid, brittle uniformity upon the body politic. It is a pity that men in places of power and responsibility are not more often aware of this.
13.08. In considering the question of university autonomy, we must recognize three (somewhat overlapping) levels at which it functions :
(1) autonomy within a university, e.g., autonomy of the departments, colleges, teachers and students in relation to the university as a whole;
(2) autonomy of a university in relation to the university system as a whole, e.g., the autonomy of one university in relation to another, or in relation to the UGC and the Inter-University Board (IUB); and (3) autonomy of the university system as a whole, including the UGC and the IUB, in relation to agencies and influences emanating outside that system, the most important of which arc Central and the State Governments."
79. Para 13.9 deals with autonomy within a University, 13.10 deals with autonomy within the University System, 13.18 provides Grants to State Universities from the UGC, 13.22 deals with Grants-in-aid to the State Universities from State Governments, 13.27 deals with Financial Accountability of the Universities. Paragraphs 13.44 deals with the Academic Council. We think it apposite to reproduce :
"13.44. The Academic Council.-- The Academic Council should be the sole authority for determining the courses of study and standards. Their decisions should not need approval by any other authority in the university. According to the acts of the universities, the Senate or the Court has very little authority for interfering in academic matters. But, the power of the Academic Council to make the necessary regulations is affected in two ways : first, resolutions concerning academic matters are sometimes passed in the Executive Council in the first instance so that they become binding on the Academic Council; secondly, as the Academic Council meets urgent twice a year in most universities, urgent matters are often taken up by the Executive Council. To obviate such difficulties, it will be necessary either to have more frequent meetings or constitute a Standing Committee of the Academic Council to deal with such matters. As we have recommended earlier, student representatives may also be associated with the Academic Council."
80. The learned counsel for the petitioners have laid emphasis on the decision rendered in the case of All Kerala Private College Teachers' Association v. Nair Service Society and Ors., (1994) 5 SCC 479, wherein the Apex Court in Paragraph 2 expressed the view as under :--
"2. We may briefly examine the relevant provisions of the two Acts. The primary object of establishing a university by an Act of the Slate Legislature, is to make the institution an independent autonomous authority with a view to minimise the outside interference in its functioning. Dr. S. Radhakrishnan, in the University Education Commission's Report, 1950 observed as under :--
'We must resist, in the interest of our democracy, the trend towards the governmental domination of the educational process...... Higher Education is undoubtedly an obligation of the State but State aid is not to be confused with State control over academic policy and practices. Our Universities should be released from the control of politics,....' The avowed object with which the two Acts and the Gandhi Act have been enacted by the Kerala Legislature, is to leave the pursuit of higher education under the control and management of various academic bodies of the universities. Even the framing of the statutes and the ordinances - which have the force of law - are left to the Senate and the Syndicate of the respective universities."
81. We have referred to the aforesaid aspect to show that even the law of the land has recognised the autonomy of the University in many sphere. The hub of the matter is whether the autonomy is so paramount so that the University can do as it pleases or there has to be some control ? Whether the University can be permitted to act in any manner which is detrimental to the academic interest of the students at large ? Whether the University can be exonerated from following the parameters provided under the Act ? Whether the University in its enthusiasm and exuberance do such acts in a dexterous manner so that the quality of education is hampered and personal whims and caprices come to the forefront ? While posing such questions we would also like to advert to whether the State Legislature, while dealing with these aspects can be permitted to legislate in such a manner that would clearly exposit total arbitrariness ? Whether the State Legislature in the guise of curbing and controlling the activities of the University make certain provisions to create a hole in the quintessence of the autonomy ? Whether the Legislature by bringing an amendment totally shatter and smother the functioning of the University and make it a dancing toy in the hands of the executive? And whether the Legislature while legislating travel beyond the permissible limits of the Constitution ? These are, in our humble view, the basic questions.
82. Keeping the aforesaid background in view, we will proceed to deal with each provision. We have taken recourse to this mode as we think it apposite to delineate separately each individual provision to test and determine the constitutionality of the same. Section 4 (i) of the unamcnded and amended Act reads as under ;
4 (i). To provide for instructions in all branches of Vedic learning and practices including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and the promotion and development of the study of Sanskrit as the University may, from time to time determine and to make provision for research and for the advancement dissemination of knowledge.
(ii) to grant, subject to such conditions as the University may determine, diplomas or certificates to and confer degrees or other academic distinction on the basis of examination, evaluation or any other method of testing on, persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(iii) to organise and to undertake extra-mural studies, training and extensive services;
(iv) to confer honorary degrees or other distinctions in the manner prescribed by the statutes;
(v) to provide facilities through the distance education system;
(vi) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition;
(vii) to recognise persons for imparting instruction in any college or institution maintained by the University;
(viii) to appoint persons working in any other University or organisation as teacher of the University for a specified period;
(ix) to create teaching administrative, ministerial and other posts and to make appointments thereto;
(x) to co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purposes as the University may determine;
(xi) to establish such campuses, special centres, specialised laboratories or other units for research and instruction as are in the opinion of the University necessary for thc furtherance of its objects;
(xii) to institute and award fellowships, scholarships, stipends, medals and prices;
(xiii) to establish and maintain colleges institutions and halls;
(xiv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the University may deem necessary;
(xv) to organise and conduct refresher courses, orientation courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;
(xvi) to make special arrangements in respect of the residence discipline and teaching of women students as the University may consider desirable;
(xvii) to appoint on contract or otherwise visiting Professors Emeritus, Professors, Consultants, Scholars and such other persons who may contribute to the advancement of the objects of the University;
(xviii) to confer autonomous status on a college or an institution or a department as the case may be, in accordance with the statutes;
(xix) to determine standards of admission to the University, which may include examination, evaluation or any other method of testing;
(xx) to fix quota for students belonging to the Scheduled Castes and Scheduled Tribes for admission purposes;
(xxi) to demand and receive payment of fees and other charges;
(xxii) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;
(xxiii) to lay down conditions of service of all categories of employees, including their code of conduct;
(xxiv) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary;
(xxv) to make arrangements for promoting the health and general welfare of the employees;
(xxvi) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any properly, movable or immovable including trust and endowment properties for the purposes of the University;
(xxvii) to borrow on the security of the property of the University, money of the purposes of the University;
(xxviii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects;
4 (i) to provide for instructions only in all branches of Vedic Learning and Practices including Darshan, Agam Tantra, Itihas, Puranas, Upvedas and Gyan-Vigyan and the promotion and development of the study of Sanskrit as the University may from time to time determine and to make provision for research and for the advancement in the above fields and in these fields may--
(a) grant, subject to such conditions as the university may determine, diplomas or certificates and confer degrees or other academic distinctions on the basis of examination, evaluation or any other method of testing on, persons and withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(b) organise and undertake extra mural, studies, training and extension services;
(c) confer honorary degrees or other distinctions in the manner prescribed by the statutes;
(d) provide facilities through the distance education system;
(e) recognise an institution of higher learning for such purposes as the University may determine and withdraw such recognition;
(f) co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purposes as the University may determine;
(g) institute and award fellowships, scholarships, stipends, medals and prizes;
(h) make provision for research and advisory services for that purpose enter into such arrangements with other institutions, industrial or other organisations, as the University may deem necessary;
His Holiness Maharishi Mahesh Yogi Ji was the founder and the first Chancellor of MMYVV. At present Brahmachari (Dr.) Girish Chandra Varma is the Chancellor and as per divine desire and guidance provi
The Maharishi Mahesh Yogi Vedic Vishwavidyalaya (MMYVV) was established by the Act No. 37 of 1995 of Madhya Pradesh Government vide gazette notification no 573 dated 29 November 1995. The University h
The Maharishi Mahesh Yogi Vedic Vishwavidyalaya (MMYVV) was established by the Act No. 37 of 1995 of Madhya Pradesh Government vide gazette notification no 573 dated 29 November 1995. The University h
The Maharishi Mahesh Yogi Vedic Vishwavidyalaya (MMYVV) was established by the Act No. 37 of 1995 of Madhya Pradesh Government vide gazette notification no 573 dated 29 November 1995. The University h