Court : Kerala
Reported in : (1982)ILLJ454Ker
..... would be useful to refer to the definition of the word 'teacher' in the aligarh muslim university act, 1920, banares hindu university act, 1915 and the visva-bharati act, 1951:2(k) 'teachers' means professors, readers, lecturers and such other persons as may be appointed for imparting instruction in the university or a hall and are designated as teachers by the ordinances (amu)2(i) (teacher) means a salaried professor, reader, lecture or tutor who imparts instruction in a faculty of, or in a college maintained by, the university and includes any other person who is declared to be a teacher by the academic council (bhu)3(h) '' ..... the bombay high court held that the work done by such a teacher was an activity or operation incidental to the main industrial operation carried on by the railway establishment and the teacher was, therefore, a worker within the meaning of section 2(s) of the industrial disputes act, 1947 a statement of the facts of the case is sufficient to distinguish it from the conclusion that i have arrived at in ..... the petitioner was an employee of the udyogamandal school (tact), an institution run under the exclusive control and management and as a unit of the 3rd respondent, the managing director, f. a. ..... a proper sense of values would naturally hold teaching and teachers in high esteem, though power or wealth may not be associated with them.when i extract this passage, i do not even remotely suggest that the work of an ordinary workman doing manual work can be looked .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC992
..... sections 2 (1) and 5 (2) (c) introduced in the aligarh muslim university act of 1920 by the said 1981 amendment act are invalid and ..... the institutions known at the commencement of this constitution as the benares hindu university, the aligarh muslim university and the [delhi university; the university established in pursuance of article 371e;] any other institution declared by parliament by law to be an institution of ..... always be maintained;(5) in its anxiety to safeguard judicial power, it is unnecessary to be overzealous and conjure up incursion into the judicial preserve invalidating the valid law competently made;(6) the court, therefore, needs to carefully scan the law to find out; (a) whether the vice pointed out by the court and invalidity suffered by previous law is cured complying with the legal and constitutional ..... and the academic council as to which has power to make an ordinance, the council may represent the matter to the visiting board who shall refer the same to a tribunal consisting of three members, one of whom shall be nominated by the executive council, one by the academic council, and one shall be a judge of a high court nominated by the lord rector section 30 makes it clear that ..... section 12(2) provided that with the approval of the academic council and the sanction of the governor general in council on the recommendation of the visiting board, the university may admit intermediate colleges and schools in the aligarh district to such privileges of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2108; (2000)2UPLBEC1758
..... to filing a writ petition in the high court canvassing the validity of the appointment and the very power of the selection committee to prepare the select list, to be brought to bearfor appointment against a vacancy jettisoning the selection as contemplated under section 29 of the aligarh muslim university act. ..... jain and others, (1992) 1 scc 105, the supreme court had an occasion to examine the scope of a 'reserve list' which the selection committee constituted under the provisions of the rajasthan university teachers and officers (selection for appointment) act. ..... in the conspectus of the above factual and legal position, 11 more candidates of the list prepared under rule 18 of the rules in order of merit are entitled to be appointed subject, of course, to the law of reservationcontained in the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994 read with rule 17 of the rules over and above the twenty persons already appointed out of the select list of ..... 'court' would mean the chief justice and such other judges as the president may from time to time deem it necessary ..... in the watting list in order of merit has a right to claim that he may be appointed if one or the other selected candidate does not join but once the selected candidates join and no vacancy arises due to resignation etc. ..... one by direct recruitment to the extent of 15% and the other by promotion of the members of nyayik sewa to the extent of 85% of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC530; (1969)ILLJ719SC; [1969]1SCR366
..... this court went into the history of the establishment of the university to ascertain whether it was set up by the muslim minority and as such entitled to rights under article 80 and held that it was not set up by the minority but in fact establish by the government of india by passing the aligarh muslim university act, 1920 (cf. ..... it is true that the preamble states that the act is to provide for payment of bonus to persons employed in certain establishments and section 1(3) provides that the act is to apply, save as otherwise provided therein, to factories and every other establishment in which 20 or more persons are employed. ..... for instance, is it to be contemplated that though the act by section 32 exempts institutions such as the universities or the indian red cross society or hospitals, or any of the establishments set out in clause (ix) of that section, they would still be liable to pay bonus if the employees of those institutions were to raise a dispute under the industrial disputes act and claim bonus in accordance with the full bench formula? ..... even where an act deals comprehensively with a particular subject-matter, the legislature can surely provide that it shall apply to particular persons or groups of persons or to specified institutions only. ..... the court, therefore, suggested that the question of revising the formula should be 'comprehensively considered by a high powered commission'. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3745; 2005(4)ESC2489
..... '44, from the aforesaid judgment of the hon'ble supreme court it is to be seen as to whether the conclusion about establishment of the aligarh muslim university is solely based upon the interpretation of provisions (which have since been amended) of the aligarh muslim university act, 1920, as were existing on the date of consideration or is based upon various factors and over all reading of the act itself. ..... it is further contended that the amendment made in sections 2(1) and 5(2)(c) of the aligarh muslim university act, 1920 vide act no. ..... this court, however, did reiterate that the minority competent to claim the protection of article 30(1) of the constitution, and on that account the privilege of establishing and maintaining educational institutions of its choice, must be a minority of persons residing in india. ..... it is true that, the proviso to section 28(1) of the 1920 act said that 'no person other than a muslim shall be a member of the court' which was declared to be the supreme governing body of the aligarh university and was to exercise all the powers of the university, not otherwise provided for by that act. ..... in 1876, the school became a high school and in 1877 lord lytton then viceroy of india, laid the foundation stone for the establishment of a college. ..... in consequence of the activities of the committee a school was opened in may, 1873. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All1b
..... section 31 of the aligarh muslim university act empowers the authorities of the university to make regulations consistent with the act, statutes and the ordinances providing, for all matters which by act, statute or the ordinances are to be prescribed by the regulations and providing for all other matters concerning such authorities or committee appointed by them not provided for by the act, statute and ..... respondent school having not been framed under section 56 of the madras elementary education act, 1920 had no statutory force and then held that nothing in those rules conferred upon an aggrieved employee of a school any right enforceable at law in the event of the management of an elementary school refusing to comply with those rules which, inter alia, enjoined upon a school, ..... and the management of an affiliated college originates from a contract but once such a relationship arises and that relationship in certain respects is controlled and regulated by the meerut act and the statute and the duties are imposed on the management by the meerut act and the statute in regard to the relationship then in performing its duties, the management would be subject to the power of judicial review by the high ..... 'sub-section (2) of section 25-c of the agra university act contemplates that'every decision by the management of an affiliated college, other than a college maintained by government to dismiss or remove from service a teacher shall be reported forthwith to the vice chancellor and subject .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC604; [1999(81)FLR750]; 1999(1)SCALE9; (1999)2SCC1; [1999]1SCR26; 1999(1)LC332(SC); (1999)1UPLBEC246
..... aligarh muslim university dealing with powers and functions of the executive council it is provide as follows:17(2)(i) : to appoint the registrar, finance officer, librarian, principals of colleges and institutions established by the university and such professors, readers, lecturers and other members of the teaching and academic staff as may be necessary, on the recommendation of the selection committee constituted for the purpose:provided that no action shall be taken by the executive council in respect of the number, qualifications, emoluments, and other ..... member of an authority of the university by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and, in accordance with such other principles as the executive council may from time to time prescribe.thus, under the aligarh muslim university act of 1920, there is no specific provision laying ..... section 2(k) of the aligarh muslim university act, 'teachers' are defined to mean professors, readers, lecturers and such other persons as may be appointed fot imparting instruction in the university or a hall and ..... may invite a person of high academic distinction and professional attainment to accept a post of professor in the university, on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post.under statute 29(2)(a) all appointments to permanent posts of teachers in the university shall be made by the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All411; (1968)ILLJ599All
..... the aligarh muslim university has been established and incorporated under the aligarh muslim university act xl of 1920 passed by the central legislature the executive council is one of the authorities of the university and is constituted as the executive body of the university. ..... learned counsel referred to the breakdown of discipline in the university a few months prior to coming into force of the aligarh muslim university (amendment) act 1965 and submitted that all the amendments were made to remedy the mischief that was perpetrated adversely affecting the academic atmosphere in the university and certain powers were vested in the executive council to terminate the services of teachers with a view to restore order. ..... according to the petitioner no orders of the vice-chancellor on his representation were communicated to him for three months and on 3-3-1965, the petitioner received a letter from the director of the institute informing him that the petitioner's representation had been considered by the vice-chancellor who was of the opinion that it was open to the university to extend the term of probation of the petitioner or to terminate his services without assigning any reason,it is alleged by the petitioner that ..... lecturers and other members of the teaching staff on the recommendations of the selection committee. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All166
..... counsel in desperation relied on section 36-a of the aligarh muslim university act of 1920 as amended in 1981 and urged that petitioner had an ..... against order dated 8-9-1983 passed by the vice-chancellor, aligarh muslim university, aligarh, are so glaring and shocking that it leaves one amazed that an institution like university entrusted with responsibility of imparting education could pass such arbitrary order which attempted to scuttle the career of a brilliant student and he had to rush to this court for seeking ..... contemplated that admission committee shall exercises power so as to advance the interest of the university and if it finds that any student has acted in a manner which may be considered to be illegal, irregular or derogatory to the university it may cancel the admission hut it cannot be accepted that this clause confers unbridled power on the vice-chancellor to act in any manner and cancel the admission of any student for ..... as petitioner having not taken part in 57th annual athletics meet and inter-hall athletic championship 1981-82 held from 4th to 6th june, 1982 the authorities became 'suspicious that petitioner had obtained admission by impersonation which was established because signature of petitioner obtained at time of athletic trial in february ..... had least suspicion that the petitioner was a person other than the person who appeared at the time ..... maintainable we are satisfied that it was not efficacious as petitioner's admission having been cancelled and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIIAD(SC)661; (1997)IILLJ752SC; 1996(8)SCALE101; (1996)11SCC423; [1996]Supp7SCR317; 1997(1)LC148(SC)
..... high court questioning the appointment of the petitioner and the very power of the executive committee and the selection committee to prepare the select list and keep a reserve list for appointment against vacancies without resorting to the selection as contemplated under selection 29 of the aligarh muslim university act ..... all the teachers of the university or any or its institutions shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service as specified in the statutes, ordinances and regulations of the university :provided that no alteration in the salary, the rate of contribution to the provident fund and the age of superannuation of a teacher in the service of the university shall be made to his ..... uma kant's case (supra) relied upon by the learned counsel, the position was that section of the rajasthan university teachers and officers (selection for appointment) act, 1974 itself gives power to prepare a select list list of 50% of the posts advertised so that if any candidate selected does not join the post after appointment ..... of the dean and the head of the department, the selection committee may contain two nominees of the vice-chancellor :provided further that in case of sudden casual vacancies of teaching posts caused by death or any other reason, the dean, may, in consultation with the head of the department concerned, make a temporary appointment for a month and report to the vice-chancellor and the registrar about such .....
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