JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.

1. This appeal is directed against the Division Bench decision of the High Court of Madhya Pradesh at Jabalpur, dated 20.03.2002, in W.P.No.1065 of 2001, in and by which, the Division Bench allowed the writ petition in part. The challenge in the writ petition was to the amendment introduced to Sections 2, 4, 9 and 17, as well as insertion of Sections 31-A, 31-B, 31-C, 37-A, 37-B to the Maharshi Mahesh Yogi Vedic Vishwavidyalaya Adhiniyam, 1995 (Act No.37 of 1995), hereinafter referred to as “1995 Act”. The amendment was by way of Amendment Act No.5 of 2000, hereinafter called the “Amendment Act”.

2. The Division Bench upheld the amendment to Section 4(1) of 1995 Act. The Division Bench also held that the amendment to Sections 9(2), 31-A(1) and (2), 31-B, 31-C, 37-B(a), 37-B(b), 37-B(d) and 37-B (e) are intra-vires. The Division Bench further held that the proviso to Section 4 is intra-vires, as far as it provides that no Centres shall be established without prior approval of the State Government and no centre would mean no further Centres excluding the existing ones. The Division Bench further held that the said proviso as far as it stipulated that no courses should be conducted or run without the prior approval of the State Government is ultra-vires, as far as, it related to the present stream of courses and the existing Centres. Section 37-A was held to be ultra-vires in its entirety. Section 37-B (e) was held to be not ultra-vires.

3. To understand the scope of challenge made in this appeal, the brief facts are required to be stated. The appellant is the University, which was a creation by way of a Statute viz., 1995 Act. Therefore, in the forefront, it will be better to note the scheme of the Act, which received the assent of the Governor on 25th November 1995 and was published in the Madhya Pradesh Gazette dated 29th November 1995. The Preamble of the Act would state that it was an Act to establish and incorporate a University, in the State of Madhya Pradesh and to provide for education and prosecution of research in Vedic learnings and practices and to provide for matters connected therewith or incidental thereto. Section 2 defines the various expressions, including the expressions “Board of Management”, “Distance Education System”, “Institution”, “Statutes” and “Ordinance” and the definition of “University” under Section 2(u) means the appellant University. Again Section 3(1) refers to the appellant University and Section 3(2) refers to the headquarters of the University to be at village Karondi in District Jabalpur, Madhya Pradesh, providing for establishment of campuses at such other places within its jurisdiction. Under sub-section (3) to Section 3, the First Chancellor, Vice Chancellor and the first Members of the Board of Management of the Academic Council etc., has been set out.

4. The crucial section is Section 4 and in particular sub-clause (1) of Section 4, which refers to the powers of the University, which specifically states that such power would provide for instruction in all branches of Vedic Learning, as well as promotion and development of the study of Sanskrit, as the University may from time to time determine and also to make provision for research and for the advancement and dissemination of knowledge.

5. Sub-clauses (ii) to (xxviii) of Section 4 refers to the various other powers such as granting diplomas and certificates; to organize and undertake extra-mural studies; conferment of honorary degree; facilities for distance education system; to recognize an institution of higher learning for such purposes as the University may determine; to recognize persons for imparting instructions in any college or institution maintained by the University; to appoint persons working in any other University or organization, as a teacher of the University for a specific period; to create teaching, as well as administrative posts; to co-operate or collaborate with any other Uni