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Sep 15 2003

Dr. Prakash Chandra Kamboj Vs. Director (Higher Education) and ors.

Court : Allahabad

Decided on : Sep-15-2003

Subject : Constitution

Acts : Uttar Pradesh State Universities Act, 1973 - Sections 31(3); Uttar Pradesh Higher Education Services Commission Act, 1980 - Sections 13(4); Uttar Pradesh Higher Education Services Commission (Procedure for Selection of Teachers) Regulations, 1983 - Regulatin 4 (3); Constitution of India - Article 141

Reported in : 2003(4)AWC3192b

college should be filled up'. In this connection, we will also consider the scope of Sub-section (4) of Section 13 [Section 13 (4)] of the U.P. Higher Education Services Commission Act, 1980 (the Commission Act) and the Supreme … to issue orders for removal of difficulties. The State Government had issued two successive orders in 1982 and 1983 (the 1982 order or the 1983 order). They were limited for one year only. They permitted making ad

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Feb 27 2003

Km. Alka Rani Gupta Vs. Director of Education (Higher) and anr.

Court : Allahabad

Decided on : Feb-27-2003

Subject : Service

Acts : Uttar Pradesh Higher Education Service Commission Act, 1980 - Sections 13(3); Uttar Pradesh Higher Education Service Commission (Procedure for Selection of Teachers) Regulations, 1983 - Regulations 5, 5(1), 7 and 7(3); Uttar Pradesh Public Services (Reservation for S.Cs., S.Ts. and O.B.Cs.) Act, 1994 - Sections 2 and 3

Reported in : 2003(2)AWC1364; (2003)2UPLBEC1152

U. P. Higher Education Service Commission (Procedure for Selection of Teachers) Regulations, 1983, states as follows :'5. Notification of vacancies, submission of application and indication … set at rest. 3. We are concerned with the placement of teachers selected under the U. P. Higher Education Service Commission Act, 1980 (hereinafter referred to as the Act) in degree and postgraduate colleges in U. P. … about the manner of placement of candidates who have been selected by the Commission. 5. In this connection Section 13 of the Act states as follows : '13. Recommendation of Commission.--(1) The Commission shall, as soon as possible,

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Mar 13 2002

S.K. Joshi and anr. Vs. Vidyavardhaka Sangh, Bijapur and ors.

Court : Karnataka

Decided on : Mar-13-2002

Subject : ServiceConstitution

Acts : Karnataka Education Act, 1983 - Sections 92, 93, 94 and 131; Constitution of India - Articles 226 and 227

Reported in : ILR2003KAR1896; 2002(4)KarLJ59

the said order, they have to necessarily approach the appropriate authorities as provided under the provisions of Karnataka Education Act, 1983 for redressal of their grievances. They further state that the relationship of the petitioners and the first respondent-society … the said order, they have to file an appropriate appeal/revision before the Appellate Authority/State Government as provided under Sections 130 and 131 of the Karnataka Education Act.Per contra, learned Counsel Sri Prabhuling Navadgi appearing for the petitioners … in the second respondent-composite college by issuinghim a letter of appointment dated 13-8-1991. In the said letter of appointment, it was made known to the

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Mar 30 1995

St. Anthony's High School Trust and Anr. Vs. State of Goa and Anr.

Court : Mumbai

Decided on : Mar-30-1995

Subject : Constitution

Acts : Goa, Daman and Diu Education Act, 1984 - Sections 20; Goa, Daman and Diu Education Rules, 1986 - Rules 56, 58, 74, 90 and 100; Constitution of India - Article 30(1)

Reported in : 1996(5)BomCR33

10th January, 1994 purported to have been passed under section 20 of the Goa, Daman and Diu School Education Act, 1984 (hereinafter referred to as the Act), taking over the management of their School which is being run … junior to her was granted selection grade with effect from 8th July, 1983. Despite the anomaly having been brought to the notice of the management, … other prescribed benefits of the employees of the school, in accordance with the provisions of sub-section (2) of section 13, or(vi) has closed down the school or any class or section of the school in contravention of the

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Feb 26 1999

Patil Panduranga Venkanagouda Vs. Horatti Basavaraj Shivalingappa and ...

Court : Karnataka

Decided on : Feb-26-1999

Subject : Election

Acts : Constitution of India - Articles 41, 58(2), 66(4), 102(1) and 191(1); Representation of People Act, 1951 - Sections 81, 83, 84 and 100(1); Karnataka Education Act, 1983 - Sections 2, 29, 30, 40 and 131; Karnataka Municipal Corporations Act, 1976 - Sections 91 and 96; Grant-in-Aid Code for Secondary Schools Conduct Rules, 1966; Government of Union Territories Act, 1963; Uttar Pradesh Basic Education Act, 1972 - Sections 4(2) and 13

Reported in : AIR2000Kant78; 1999(5)KarLJ467

petitioner has further alleged that the salary was being paid by Government, service conditions governed by the Karnataka Education Act, 1983, Karnataka Municipal Corporations Act, 1976 and the Grant-in-Aid Code for Secondary Schools Conduct Rules, 1966. The election petitioner's … for all practical purposes is a department of the Government and its autonomy is negligible. Sub-section (2) of Section 13 of the Act onwhich emphasis is placed by the respondent is also not of much significance. If no

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Dec 09 1999

Sri Ramanjaneyaswami Vidya Saunsthe, Kumbaloor, Honnali Taluk, Shimoga ...

Court : Karnataka

Decided on : Dec-09-1999

Subject : Constitution

Acts : Karnataka Education Act, 1983 - Sections 3(2), 4, 5, 49, 53 and 145 (3), 146(3) and (4); Karnataka Educational Institutions (Grants-in-Aid for Primary, Secondary and Pre-University Educational Institutions) Rules, 1998 - Rules 3, 4, 5, 6 and 7; Constitution of India - Articles 12, 14, 21, 37, 41, 45 and 45; Evidence Act, 1872 - Sections 115; Grant-in-Aid Code for Secondary Schools in Karnataka State, Rules 10, 11 and 16(xiii); Bombay Agricultural Produce Markets Act, 1939 - Sections 26(5); Classification and Registration Rules, 1997 - Rules 5, 5, 6 and 9; Education Act - Sections 53

Reported in : ILR2000KAR922; 2000(2)KarLJ508

Maharashtra. The Court declared that executive instructions compiled as a Code did not have any constitutional force.4. Karnataka Education Act, 1983 (in short, 'the Education Act'), came into force only on 1-6-1995 more than a decade after it was … in accordance with the rules made in that behalf. No rules were till recently framed in terms of Section 49 of the Act. The result was that by reason of Section 146(3) the Grant-in-Aid Codes earlier in … my shock, I discovered that in the State of Karnataka there are 13,024 single teacher schools as against the total of 20,830 Primary, Secondary and

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Nov 11 2011

The State of Karnataka, Rep. by Its Under Secretary to Government (Pri ...

Court : Karnataka

Decided on : Nov-11-2011

Subject : Education

State is dissatisfied with this position and has therefore filed the present appeals. 3. Section-87 of the Karnataka Education Act 1983 has been referred to by the learned Single Judge and it is reproduced by us for facility of … 7. We are called upon to consider the legality of the Order of the Government of Karnataka dated 13.11.2009 rejecting the prayer of the petitioners for affecting their parity with Government employees with regard to the payment

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Nov 26 1999

State of Karnataka and ors. Vs. Basavaraj Nagoor and ors.

Court : Karnataka

Decided on : Nov-26-1999

Subject : ServiceConstitution

Acts : Karnataka Civil Services Act, 1978 - Sections 3, 4 and 8; Karnataka Civil Services (General Recruitment) Rules, 1977 - Rules 2(1) and 3-B; Constitution of India - Articles 13, 14 to 16, 16(4), 21, 187, 226, 229, 309 and 335; Karnataka Civil Service (General Recruitment) (Amendment) Rules, 1993; ;Karnataka Civil Services (General Recruitment) (Amendment) Rules, 1996; Karnataka Civil Services (General Recruitment) (Amendment) Rules, 1997 - Rules 2 and 3-B; Compulsory Primary Education Act, 1961; Karnataka Civil Services (Direct Recruitment by Selection) Rules, 1973; Karnataka Civil Services (Amendment) Act, 1990; Karnataka Education Act, 1983; Karnataka Private Education (Discipline and Control) Rules, 1978 ; District Level Seventh Standard Public Examination Rules, 1997

Reported in : ILR2000KAR727; 2001(6)KarLJ584

providing for free and compulsory education for the children in the age group of 6-14 years.18. Under Karnataka Education Act, 1983, rules have been framed making them applicable uniformly to all the schools situated in the State irrespective of … the rival contentions held that the rules are ultra vires of Articles 13, 14, 15 and 16 of the Constitution of India and accordingly struck … Karnataka State Legislature and the conditions of service of officers and servants of the High Court of Karnataka, Section 8 of the Act empowers the State Government to make rules by issuing notifications, and said rules have

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Feb 09 1995

Kum. K. Madhuri Vs. University of Health Science, Gunadala, Vijayawada ...

Court : Andhra Pradesh

Decided on : Feb-09-1995

Subject : Constitution

Acts : Constitution of India - Articles 14, 15(1)(2) and 226; Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation fee) Act, 1983 - Sections 3; Andhra Pradesh Professional Educational Institutions (Regulation of Admission into Under-graduate Professional Course Through Common Entrance Test) Rules, 1993 - Rules 3, 3(1), 4, 7, 7(3), 7(4), 7(6), 7(7), 7(13), 11(7) and 11(8); Under-Graduate Professional Coursess through Common Entrance Test Rules, 1989

Reported in : AIR1995AP159

read with Section 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (Act No. 5 of 1983) and in supersession of the Andhra Pradesh Professional Educational Institutions (Regulation of admission … quite contrary to the spirit and content of Rules 3(1), 7(6) and 7(7) of the A. P. Professional Educational Institutions (Regulation of Admission into Under-Graduate Professional Courses through Common Entrance Test) Rules, 1993 (for short the 'Rules')

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Apr 18 2003

Dr. Ranjana Tiwari Vs. Director of Higher Education and ors.

Court : Allahabad

Decided on : Apr-18-2003

Subject : Service

Acts : Uttar Pradesh Higher Education Service Commission Act, 1980 - Sections 13; Uttar Pradesh Higher Education Service Commission (Procedure for Selection of Teachers) Regulations, 1983 - Regulations 5 and 7(3)

Reported in : 2003(3)AWC2366

U. P. Higher Education Service Commission (Procedure for Selection of Teachers) Regulations, 1983. The Court has categorically held that placement is to be made only … based on two Division Bench judgments of this Court. In Dr. Prakash Chandra Srivastava v. Director of Higher Education, Allahabad and Anr., 2003 (1) AWC 142, it has been observed that problems and disputes arise between the … case is about the manner of placement of candidates who have been selected by the Commission.In this connection Section 13 of the Act states as follows :'13. Recommendation of Commission.--(1) The Commission shall, as soon as possible, after

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