S. B. SINHA, C. J.

( 1 ) WHETHER the University Grants commission constituted under the university Grants Commission Act, 1956 (for short the Act ) can grant recognition to degree and Post-Graduate Courses (B. Sc. and M. Sc) in Vedic Astrology called jyothirvignan in various Universities is the question involved in this writ application. The first petitioner is a renowned scientist. The petitioners herein question the decision of the University Grants commission in according permission to the universities for starting courses in jyothirvignan. The stated objectives for issuing the guidelines by the University grants Commission in this connection are: vedic astrology is not only one of the main subjects of our traditional and classical knowledge but this is the discipline which lets us know the events happening in human life and in universe on time-scale. The distinguishing feature of this subject is that it makes us familiar with time, its nature and feature and its effects on human life and other events and that way it helps us to manage and make optimal utilization of time. It is a common feature that despite best methods adapted for estimation, the events happen in different way and add to worries, tensions and frustration in life. Here Vedic astrology can help to see the unforeseen, it being the subject dealing with time. Starting of the courses in Vedic astrology in Universities will not only impart the knowledge of this subject to the people but will also add a new dimension for research in the fields of hindu-Mathematics, Vastushastra, meteorological studies, agriculture science, space science, etc.

( 2 ) THE contention of the petitioners is that the said guidelines are totally irrational as Vedic astrology cannot be held to see the unforeseen. Various scientists and writers like the petitioners herein are of the opinion that having regard to the provisions contained in Article 51-A of the constitution, astrology cannot be said to be a subject which should be taught in the university. The Act was enacted to make provisions for the co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions and for that purpose to establish a University grants Commission (for short ugc ). UGC has been constituted in terms of Section 4 of the said Act. Chapter III of the said Act deals with powers and functions of the commission. Section 12 speaks of the general duty of the Commission to take, in consultation with the University or other bodies concerned all such steps as it may think for promotion and co-ordination of university education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under the Act. Inter alia the functions specified therein are to perform such other functions as may be prescribed or as may be deemed necessary by the UGC for advancing the cause of higher education in India or as may be incidental or conducive to the discharge of the above functions.

( 3 ) THE UGC consists of several experts as laid down in Section 5.

( 4 ) THE teachers of the Universities and experts who have knowledge of, or experience in agriculture, commerce, forestry or industry or other members of the engineering, legal, medical or any other learned professions are members of the ugc.

( 5 ) SECTION 12 (b) of the Act reads: allocate and disburse, out of the Fund of the Commission, grants to universities established or incorporated by or under a Central Act for the maintenance and development of such Universities or for any other general or specified purpose.

( 6 ) ARTICLE 51-A of the Constitution whereupon reference has been made by the petitioners inter alia provides for duties to develop the scientific temper, humanism and the spirit of inquiry and reform. Astrology in some quarters considered to be a science and is stated to be equivalent to astronomy. However,

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