Indian Kanoon - Search engine for Indian Law

JUDGMENT G.P. MATHUR, J.

1. 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 M.Sc.) 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 a concerned body of demonstrated truths or with observed facts systematically classified and more or less colligated by being brought under general laws, and which includes trustworthy methods for discovery of new truth within its domain. For a field to be science the knowledge must be acquired through the use of scientific methods and should have attributes like verifiability, fallibility and repeatability. If tested against these accepted and essential attributes of science, Vedic Astrology will unarguably fail on most, if not all, parameters mentioned above. Learned counsel has also submitted that the scientific community all over India has unanimously protested against the introduction of Vedic Astrology as a scientific stream of study in Universities. An appeal signed by a large number of reputed members of Indian Scientific Community and others against the decision of the respondents to start courses of Vedic Astrology was sent to the UGC wherein the impugned decision of UGC was termed as a giant leap backwards, undermining whatever scientific credibility the country has so far achieved. It has also been urged that the decision to introduce Vedic Astrology would erode and negate Article 51A of the Constitution which entrusts a fundamental duty upon the citizens of the country to develop a scientific temper, humanism and spirit of enquiry and reform. The teaching of Vedic Astrology will go diametrically against fundamental duties as enshrined in the Constitution. Lastly, it has been urged that the attempt of the respondents to introduce courses of Vedic Astrology in the Universities is malafide and it amounts to saffronising education.

10. Before dealing with the contentions raised it will be useful to understand the meaning of the word 'Astrology' as given in various dictionaries.

"The science or doctrine of stars, and formerly often used as equivalent to astronomy, but now restricted in meaning to the pseudo science which claims to foretell the future by studying the supposed influence of the relative positions of the moon, sun and stars on human affairs [Webster's New International dictionary] Either a science or a pseudo science, astrology  the forecasting of earthly and human events by means of observing and interpreting the fixed stars, the sun, the moon and the planets  has exerted a sometimes extensive and a sometimes peripheral influence in many civilizations, both ancient and modern. As a science, astrology has been utilized to predict or affect the destinies in individuals, groups or nations by means of what is believed to be a correct understanding of the influence of the planets and stars on earthly affairs. As a pseudo science, astrology is considered to be diametrically opposed to the findings and theories of modern Western science.[Encyclopedia Britannica (2nd edition)]"