Isha Foundation's Yoga Centre Is 'Educational Institution': Madras High Court, Allows It To Challenge State's Show Cause Notice

The Madras High Court on Wednesday observed that Jaggi Vasudev's Isha Foundation would come within the purview of "Educational Institutions" as per the clarification issued by the Central Government in 2014 with regard to the entities that are exempted from getting mandatory environmental clearance before commencing construction work.

The bench of Acting Chief Justice T Raja and Justice D Krishnakumar observed that the Office Memorandum also included those institutions which was essential to mental, moral and physical development. Since there was no dispute that the centre was imparting yoga, it promoted mental development and thus would come within the purview of educational institutions.

"A reading of the Office Memorandum shows that Educational Institution would mean a school, seminary, college, university, professional academies, training institutes or other educational establishment, not necessarily a chartered institution and includes not only buildings, but also all grounds necessary for the accomplishment of the full scope of educational instruction, including those things essential to mental, moral and physical development. Therefore when the office memorandum has clarified that educational institutions will mean not only schools colleges etc, but also those that deal with mental and moral development, to us it appears that yoga centre built by the petitioner may be included."

Initially the foundation had prayed for stay of the operation of the show cause notice issued by the State. The court had granted an interim stay directing the State not to take any action upon the show cause notice. The foundation then sought to add an additional prayer to challenge the very Show Cause notice itself.

The court today allowed the foundation to challenge the Show Cause notice issued by the State against the foundation for carrying out construction work between 2006-2014 at Coimbatore, without obtaining mandatory environmental clearance as per the Central Government's Environment Impact Assessment Notification, 2006. The foundation claimed that since it is an "educational institution" the show cause notice itself is unlawful.

In 2006, via Environment Impact Assessment Notification, prior environmental clearance was made compulsory for all construction activities. However, in 2014, educational institutions were exempted from getting prior environmental clearance.

The Advocate General today vehemently opposed to the contention of the foundation. He submitted that the issue of whether the foundation was an educational institution was a matter to be deliberated by the trial court.

"Seminary is a divinity school. Is yoga a divinity school? That is a dispute that the trial court has to see", he submitted.

In the meanwhile, an impleader informed the court that the High Court of Kerala had in October 2020 stayed the Union government's 2014 notification granting exemption to educational institutions.

The court then directed the Centre to get instructions on how it could issue a clarification in May 2022 when there was already a stay by the High Court. 

"When you passed the Office Memorandum in 2014 granting exception and it has been stayed by the High Court, can you go on giving clarifications to the earlier Office Memorandum? We need clarity on what happened in that petition, whether it has been decided, whether stay has been vacated"

The matter has been posted to November 21 for further hearing.

Meanwhile, the Advocate General R Shunmughasundaram sought time to file counter to the additional prayer.

Case Title: Isha Foundation v. Union of India

Case No: WP No. 467 of 2022