MAHARSHI MAHESH YOGI VEDIC VISHWAVIDYALAYA versus STATE OF M.P. & ORS.

Citation: [2013] 13 S.C.R. 464 · Decided: 03-07-2013 · Supreme Court of India · Bench: B.S. CHAUHAN · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2013] 13 S.C.R. 464 
A 
MAHARSHI MAHESH YOGI VEDIC VISHWAVIDYALAYA 
B 
v. 
STATE OF M.P. & ORS. 
(Civil Appeal No. 6736 of 2004) 
JULY 3, 2013 
[DR. B.S. CHAUHAN AND FAKKIR MOHAMED 
IBRAHIM KALIFULLA, JJ.) 
Maharshi Mahesh Yogi Vedic Vishwavidyalaya 
C Adhiniyam, 1995: 
s. 4(1)(as amended by Amendment Act 5 of 2000) -
Constitutional validity of -. Establishment of the University -
With the objective of imparting knowledge in Vedas, and its 
• 
0 allied subjects - By issuing Ordinance, the University apart 
from prime subjects on Vedas, also included numerous 
professional courses - s. 4(1) amended to the effect that 
disbursement of the knowledge by the University would be 
confined only to the exclusive field of vedic teaming - Held: 
E The University was established for imparting education in 
Vedas and simultaneously to teach Sanskrit, Science and 
technology and.for spreading knowledge in all fields - If the 
scope of imparting knowledge is restricted only to vedic 
learning by way of amendment, the very purpose of 
establishing the University would be frustrated - Right to 
F education is a fundamental right -
The University was 
established mainly for imparting education - The amendment 
creates an embargo on the right to education - Therefore, it 
is in clear violation of Articles 14 and 21 of the Constitution 
and hence ultra vires, the Constitution - Constitution of India, 
G 1950 - Articles 14, 21, 21A, 41, 45, 46 and 51A(k). 
H 
s. 4 Proviso (as amended by Amendment Act 5 of 2000) 
- State Government stipulating condition on the University to 
seek prior approval of State Government before conducting 
464 
..i.. -
MAHARSHI MAHESH YOGI VEDIC VISHWAVIDYALAYA v. 
465 
STATEOFM.P 
-
~ 
any course and before establishing any centre -
A 
Constitutional validity of - Held: The subjects of conducting 
of courses and establishment of centres are governed by s. 
12 of University Grants Commission Act which fall within 
exclusive realm of Entry 66 of List I and not under Entry 25 
of List /II of VII Schedule of Constitution - Thus, the State 
B 
lacks legislative competence to stipulate the restrictions -
Constitution of India, 1950- VII Schedule, List I-Entry 66 and 
List II-Entry 25 - University Grants Commission Act, 1956. 
s. 9(2) (as amended by Amendment Act 5 of 2000) -
Procedure for appointment of Chancellor - Challenged -
C 
Held: Though the appointment of Chancellor was subject to 
approval of State Government, but such appointment could 
be made only from the panel prepared by the Board of 
Management -
Thus the procedure did not impinge upon 
Constitutional or fundamental rights of the University and also 
D 
does not affect its autonomy. 
Interpretation of Statutes - Determination of scope of 
applicability of a statute .;.. By the aid of preamble to the statute 
- Preamble cannot control the scope of applicability of the 
E 
statute - If the provision contained in the main Act are clear 
and without any ambiguity and legislatjve intent is clear, there 
is no need to look into the preamble. 
Maxim - 'Noscitur a Sociis' - Applicability of - Held: This 
rule of construction is not applicable to cases where it is clear 
F 
that the· wider words have been deliberately used in order to 
make the scope of the defined words correspondingly wider. 
Words and Phrases: 
Dissemination of knowledge' - Meaning of. 
Expression 'Gyan-Vigyan' - In the context of Maharshi 
Mahesh Yogi Vedic Vishwavidyalaya Adhiniyam, 1995 -
Connotation of. 
G 
H 
466 
SUPREME COURT REPORTS 
[2013) 13 S.C.R. 
A 
The appella.nt-University was created by the Maharshi 
Mahesh Yogi Vedic Vishwavidyalaya Adhiniyam, 1995 
(1995 Act), which was to provide for education and 
prosecution of research in vedic learnings and practices 
and to provide for matters connected therewith or 
B incidental thereto. The University framed Ordinance No. 
15 which contained courses of studies. The Ordinance, 
apart from prime subjects on Vedas, also included other 
professional courses such as Project Management, 
Human Resources Management, Financial Management, 
C 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 
0 
production, crop production, sericulture, as well as, short 
term courses in various international topics such. as, 
political science, 

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