LAW FOR ALL

Maharshi Mahesh Yogi Vedic Vishwavidyalaya Adhiniyam, 1995 (Act No.37 of 1995) Apex court declared sec.4 (1) also as ultravires which was omitted by Division bench - partly allowed the appeal confirming other findings of Division bench,= 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 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.= We also hold that the said provision does not in any way offend Article 14 of the Constitution, nor does it affect the autonomy of the appellant University. Apart from the above challenges, no other submission relating to the other amended provisions were seriously argued before us. 114. In the light of our above conclusion, this appeal is partly allowed. We hold that the amended Section 4(1) under Act 5 of 2000 inclusive of the introduction of proviso to the said Section is ultra-vires of the Constitution and the same is liable to be set aside. In other respects, the judgment of the Division Bench stands confirmed. The application for intervention considered, no merits, the same is dismissed.