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2004(4) Supreme 528
SUPREME COURT OF INDIA
(From Andhra Pradesh High Court)
S. Rajendra Babu, CJI & G.P. Mathur, J.
P.M. Bhargava and Ors. -Appellants
versus
University Grants Commission and Anr. -Respondents
Civil Appeal No. 5886 of 2002
Decided on 5-5-2004
Counsel for the Parties :
For the Appearing Parties : Kirit N. Rawal, Solicitor General, Shanti Bhusan, Sr. Advocate, Prashant Bhushan, Narinder Verma, Vishal Gupta, Sanjai Pathak Shivangi, Maninder Singh, Ms. Pratibha M Singh, Ankur Talwar Angad Mirdha, Kirtiman Singh, Avijit Bhattacharjee, Ms. Madhumita Bhattacharjee, C.L. Sahu, Advocate (NP), R.C. Kohli, Advocate (NP)/ Advocates.
Held : Astrology is a science which claims to foretell the future or make predictions by studying the supposed influence of the relative positions of the moon, sun, planets and other stars on human affairs. It, therefore, requires study of celestial bodies, of their positions, magnitudes, motions, and distances, etc. Astronomy is a pure science. It was studied as a subject in ancient India and India has produced great astronomers, long before anyone in the western world studied it as a subject. Since Astrology is partly based upon study of movement of sun, earth, planets and other celestial bodies, it is a study of science at least to some extent. (Para 10)
The appellants do not allege breach of any statutory provision, rule or regulation. Their complaint is that the inclusion of Jyotir Vigyan as a course of study in the university is wrong as the accuracy or correctness of the subject, namely Jyotir Vigyan has not been established by the scientific tests or experiments. The precise question as to whether Jyotir Vigyan should be included as a course of study having been considered and examined by an Expert Body of UGC and they having recommended for including the said course for study and award of degree in universities, it will not be proper for this Court to interfere with the aforesaid decision specially when no violation of any statutory provisions is demonstrated. We are unable to accept the contention of the learned counsel for the appellants that the prescription of Jyotir Vigyan as a course of study has the effect of saffronising education or that it in any manner militates against the concept of secularism which is part of the basic structure of the Constitution and is essential for the governance of the country. (Paras 12 and 13)
JUDGMENT
G.P. Mathur, J.-The introduction of "Jyotir Vigyan", (science of astrology) as a course of study by the University Grants Commission is subject matter of challenge in the present appeal which has been preferred by special leave against the judgment and order dated April 27, 2001 of High Court of Andhra Pradesh.
2. A writ petition by way of public interest litigation was filed in the High Court of Andhra Pradesh praying that a writ of mandamus be issued commanding the University Grants Commission not to start and give any funds for Graduate and Post-Graduate Courses (BSc. and MSc.) in Jyotir Vigyan. The petition was preferred by Dr. P.M. Bhargava who was founder Director of Centre for Cellular and Molecular Biology, Hyderabad and had received many awards including "Padma Bhushan" in the year 1986 for his research, work and contribution to science. The other petitioners were Prof. K. Subash Chandra Reddy who was Head of Department of Political Science, Osmania University, and Mrs. Chandana Chakrabarti who is a writer and consultant. It was pleaded in the writ petition that the University Grants Commission (for short `the UGC ) had taken a decision to start and give grants for Graduate and Post Graduate (B.Sc. and M.Sc.) courses in Vedic Astrology called "Jyotir Vigyan" from the year 2001 onwards in various Universities and for teaching such a course posts of one Professor, one Reader, two Lecturers, one Library Attendant and one Computer Operator shall be created for which a non-recurring grant of Rs. 15 lakhs shall be given to the said department in the Universities. Thus the total expenditure which will be required in starting the course in various universities would run into several crores. The course in Vedic Astrology cannot be termed as a course of scientific study as astrology had never been regarded as a science. Science is defined as knowledge acquired through the use of the scientific methods and the attributes of such knowledge include fallibility, verifiability and repeatability. Scientific truths are not dependant on whims and fancies of individuals. That apart science is international and if and when differences of opinion arise, scientists all over the world work honestly and diligently to resolve them. Astrology can not be regarded as a science, as it lacks the above mentioned features. It has never been supported by any scientific research or study conducted according to stringent scientific procedure. It was further averred that the proposal to introduce "Jyotir Vigyan" is a clear attempt on the part of the respondents to saffronise education and of thrusting their hidden agenda of imposing Hindu values in higher education. It was also pleaded that research in the fields of pure science was being affected for want of funds and therefore there was no justification in spending huge amounts on a pseudo-science called Vedic Astrology which is a giant leap backwards.
4. The High Court after taking note of the meaning and other attributes of Astrology held that Astrology is a subject which according to opinion of the experts require pursuit of further studies. It was a policy decision and while exercising power of judicial review under Article 226 of the Constitution, the High Court would not interfere with the aforesaid policy decision of the UGC to start a course in "Jyotir Vigyan". The High Court was also of the opinion that the averments made in the writ petition and the relief sought showed that the UGC had not taken any final decision in the matter and therefore it should not interfere at this stage. The writ petition was accordingly dismissed summarily as not maintainable.
5. Shri Shanti Bhushan, learned senior counsel for the appellants has submitted that Vedic Astrology is not a science and cannot be introduced in University curriculum as a scientific subject. Science is attributed with provable knowledge than with beliefs or opinions and it is defined as a branch of study which is concerned either with
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