Court : Allahabad
Reported in : 2004(1)AWC719; (2004)2UPLBEC1593
..... under section 4a of the banaras hindu university act, 1915, the university has power to hold examinations and to grant diplomas and certificates, and confer degrees and, other academic distinctions to any person who have pursued a course of study in the university or in college, or who are teachers of the university or any college.11. ..... the vice-chancellor, banaras hindu university has also been directed to decide the dispute as raised by the parties in regard to recognition of the election of committee of management of d.a.v. ..... college, until a decision is made by the court in this matter, the university is not in a position to grant a fresh recognition to either of the two managing committees. ..... degree college and further as to what is the nature and scope of jurisdiction to be exercised by the vice-chancellor with regard to recognition of the election.9. ..... an application was moved by respondents to the vice-chancellor for according recognition to the election dated 4th october, 1998. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All203; (1993)1UPLBEC288
..... university was constituted by the banaras hindu university act, 1915 ('act ..... university as in force immediately before the commencement of the banaras hindu university (amendment) act, 1951, shall be deemed to be the first ordinances under this section. ..... in view of our conclusions indicated hereinabove the special appeals of ashish rai and banaras hindu university succeed in part and the direction issued under the impugned judgment for giving an opportunity to sumit samant and surya nath tripathi for admission to the course in question and ..... vice-chancellor, banaras hindu university, reported in (1989) 2 uplbec 379, wherein it was observed as under:--'section 11 inter alia, provides that the academic council shall be the academic body of the university and shall have charge of the organization of study and research in the university and colleges, the courses of study and the examination of students and conferment of ordinary and honorary degrees and shall exercise such other duties as may be conferred or imposed on it by statutes ..... (3) the said ordinances may be amended, repealed or added to at any time by the executive council provided that no ordinance shall be made - (a) regarding the recognition of examinations of other universities and institutions as equivalent to the university examinations, or (b) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or of any course of study, unless a draft of such ordinance has been .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC619; [1961]3SCR386
..... 5(2) of the banaras hindu university act, 1915, appointed a committee of enquiry (known as the mudaliar committee) consisting of : dr. a. ..... with the connected papers, if any, in its possession, to the solicitor-general to the government of india : provided that, where an allegation of the nature referred to in this sub-section relates to a member of the executive council who was holding any teaching, administrative or other post in the university on the said date, the executive council shall, without considering the allegation, refer the case of such person, together with a copy of the allegation, to the solicitor ..... section 7 of the act named the officers and authorities of the university, but power was reserved to the university to declare, by statutes, other officers and authorities of the university. ..... on receipt of the recommendations of the reviewing committee, the executive council shall take such action thereon as it may think fit : provided that when the recommendations relate to any such person as is referred to in the proviso to sub-section (1), such person shall not take part in any meeting of the executive council in which the recommendations are considered. ..... section 4a of the act invested the university with powers, and ..... it is argued that the executive council as the appointing authority had the power also to dismiss, and reference is made to sections 4(7) and 4(13) of the act and s. ..... section 17(2) of the act enacted that 'the first statutes shall be those set out in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All256
..... the banaras hindu university act was passed in 1915 and was substantially amended in 1922, 1930 and 1951. ..... the court bad passed a resolution in 1954 proposing the insertion of the disputed clause (x) in statute no, 22 and altering the number of previous clause (x) as clause (xi).under section 17 the court is authorised to frame or amend statutes, but under sub-section (7) of that section, every statute and every addition requires the previous approval of the visitor who has full authority to sanction the amendment or to disallow it. ..... some changes were made in the designations of the officers and the authorities of the university mentioned in section 7, but it does not appear to be necessary at this stage to refer to the previous officers and authorities. ..... in order to deal with the first question it is necessary to make a reference to some further sections and regulations of the unamended act, like the amended act, under section 11 of the unamended one the senate was to be in charge of the discipline of students. ..... the powers of the academic council are mentioned in section 11 of the act, which is as follows:--'the academic council shall be the academic body of the university and, subject to the act, the statutes and ordinances, shall have charge of the organization of instruction in the university and the colleges, the courses of study and the examination and discipline of students and the conferment of ordinary and honorary degrees. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC387
..... bulletin is virtually a statutory provision as the information bulletin for post graduate entrance test, 1997-98 is the outcome of the statutory special ordinances framed and recommended by the academic council and approval by the executive council of banaras hindu university and since the said ordinances have been framed by the university in exercise of powers vested in the university under section 18 of the banaras hindu university act, 1915, the information bulletin has the statutory force. ..... 1997-98 conducted by banaras hindu university (for short 'b.h.u.'). ..... banaras hindu university in the year of the test or one year immediately preceding the ..... upadhyaya repelled both these submissions and urged that since the admission of the petitioner was the outcome of the mistake on the part of the authorities of the university, no notice was required to be given to her for correcting the mistake which has crept in the process of admission. ..... opportunity of hearing was afforded to the petitioner, and, secondly, even if the petitioner was admitted on account of mistake of the respondent-university, it is now estopped from cancelling the admission and preventing the petitioner from pursuing her m.ed. ..... , the petitioner was a student in arya mahila degree college, varanasi, which is an affiliated institution to b.h.u ..... for purposes of conferring degrees and migration, etc. ..... 1996 and b.ed, course, 1997 from arya mahtla degree college. ..... degree course, although they were not eligible for admission .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(3)AWC2846(SC); JT2007(6)SC127; 2007(3)SCALE517; (2007)4SCC54; 2007(3)SLJ420(SC)
..... development (department of secondary education and higher education), government of india, by a letter dated 18.10.2000, intimating the registrar of the university that the president of india in his capacity as the visitor of the university had annulled the appointment of the appellant in exercise of the power conferred upon him under section 5(7) of the banaras hindu university act, 1915 (for short, 'the act'), the relevant portion of the said letter is as under:kindly refer to your letter no.aa/vi-sc/1460 dated the 15 july, 2000 forwarding ..... therewith 1460 a reply of the university to the show cause notice issued in exercise of the powers conferred upon the president of india in his capacity as the visitor of the university under section 5(7) of the banaras hindu university act, 1915. ..... sharir kriya, with his application he enclosed a certificate issued by professor and head of the department of basic principles, institute of medical sciences, banaras hindu university, which reads as under:this is to certify that dr. ..... kumar sonkar as lecturer in tridosh vigyan ims, banaras hindu university with immediate effect. ..... was admitted for the degree of m.d. (ay. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All535
..... standing council of the academic council to award punishment to any student of the university on any charge of indiscipline which power vests only in the academic council.it was further submitted that since under the banaras hindu university act by its section 11 it is the academic council which is the supreme authority in charge of the discipline of students and by section 12 it is the standing committee which can only exercise such powers and such ..... printed at page 422 of the banaras hindu university calendar, part vi which was ..... hindu college of the banaras hindu university ..... and no such opportunity having at all been afforded to the petitioner by the standing committee before taking a decision by the resolution dated 12-3-1965 expelling the petitioner from the university, it acted in excess of its jurisdiction and against the well established principles of natural justice.it is not disputed that when the matter came before the standing committee in regard to the ..... nature was sent by the standing committee itself to file offending students to show cause against the proposed action, hut what was contended by sri sideshwari prasad, learned counsel for the university, was that in so far as the misconduct of the petitioner was concerned, he having admitted his guilt before the principal and the warden of the hostel, no occasion arose ..... would be entitled to the degree of the university and he will have to seek fresh admission to the higher classes in the university, if he wants to pursue .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2820; (2000)3UPLBEC2094
..... section 5 of the banaras hindu university act provides that the president of india shall be visitor of the university ..... of this court, after hearing the learned counsel for the parties, declined to entertain the writ petition in view of the alternative remedy available under section 5(7) of the banaras hindu university act. ..... principlesinstitute of medical sciences, banaras hindu university, varanasi. ..... the president has been made visitor of the university by virtue of his office and not in his personal capacity and thus, in my view, the personal immunity to the president for official acts provided under clause (1) of article 361 of the constitution is available to him in respect of his functions and duties as visitor of the university, because he has been made visitor by virtue of ..... the protection given under this provision not only extends to his official acts and omissions but also to those acts and omissions which are incidental to the exercise of powers and performance ..... 361 of the constitution of india provides that the president shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties. ..... this is an application under section 12 of the contempt of courts act for initiating contempt proceeding and punishing the opposite party for the alleged wilful and deliberate defiance of this court's order dated 17.2.1998 passed in .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1720; 2005(2)ESC874; (2005)1UPLBEC806
..... of sri anant prasad gupta, it is further contended that the writ petitions filed by raghuvansh pandey against the order of vice-chancellor, sampumanand sanskrit university and vice-chancellor, banaras hindu university are liable to be dismissed on the ground of availability of alternative remedy under the provisions of section 68 of the state universities act and under the provisions of section 5(7) of the banaras hindu university act, 1850 respectively. ..... 11832 of 2004 has been filed by the committee of management with sri raghuvansh pandey as manager against the order dated 1.3.2004 passed by the vice-chancellor, banaras hindu university whereby he has recognized the committee of management with sri anant prasad gupta as the manager, in compliance of the directions issued by the division bench of this court in special ..... also not in dispute that the office bearers elected in respect of the society among themselves constitute committee of management of the institutions, namely (i) d.a.v, degree college which is an institution affiliated to banaras hindu university, (ii) nityanand ved mahavidyalaya which is affiliated to sampuranand sanskrit university, and (iii) d.a.v. ..... however, the vice-chancellor of sampurnand sanskrit university, by means of order dated 17.5.2001 suspended the recognition which was granted to the committee of management, with sri raghuvansh pandey and directed that an enquiry be conducted in respect of the complaints made by certain persons of the committee .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC2149
..... expression 'university' used in sub-section-(7) of section 5 includes the management of the school which are am and maintained by the university itself as is apparent from section 15 of the banaras hindu university act 1915. ..... he then contends that in view of sub-section 6 of section 18 of the banaras hindu university act, 1915 every ordinance is to be placed before the visitor who may disallow of remit the same to the executive ..... it is also not shown that there were any irregularities except that in the same proceedings the ordinance was amended and the selection was made and the alleged non-compliance of section 18(6) of the banaras hindu university act, in view of section 114 of the evidence act, the court cannot presume that section 18(6) was not complied with unless contrary is shown, whereas by reason of section 57(1) the court has to take judicial notice of the law made by the executive council. ..... the present case the executive council is empowered to make law under the banaras hindu university act, 1915. ..... then again section 16c of the banaras hindu university act provides that 'no act or proceeding of any authority.....shall be invalid......by reason of.........any irregularity in its procedure not affecting the merits of the ..... but not asmitting that there were irregularities, in the absence of anything to show that it had affected the merit, even then the act or the proceeding challenged shall not be invalid by reason of section 16c of the banaras hindu university act.41. .....
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