Court : Allahabad
Reported in : 2000(2)AWC1243; (2000)2UPLBEC1113
..... , to interfere with the order passed by the learned single judge even if the information bulletin is held to have the complexion of statutory character being an ordinance framed by the council in exercise of power under section 10 read with sections 18(1) fa) and (3) of the banaras hindu university act. ..... passed the qualifying examination from the institute/faculty/mahila mahavidyalaya, banaras hindu university in the year of the test or one year immediately preceding ..... have passed the qualifying examination from the institute/faculty/mahila mahavidyalay, banaras hindu university in the year of the test or one year immediately preceding ..... post-graduate college is done on the basis of entrance test conducted by the appellant university, the preference to students of banaras hindu university irrespective of merit cannot be regarded to be reasonable. ..... even otherwise reservation in favour of the students of banaras hindu university after excluding those of affiliated colleges is hit by article 14 of the constitution in that the classification does not appear to be based on any intelligible differentia inasmuch as syllabus, standard of examination and even the examiners ..... when the university is the same for all the colleges, the syllabus the standard of examination and even the examiners are the same, any preference to candidates to the post-graduate degree course of the same university, except in order of merit, will exclude merit to a great extent affecting ..... 1915 and statute 18 (xii .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1381; (2000)2UPLBEC1466
..... the learned counsel submitted that in view of statute 60 (3) of the banaras hindu university act, it was open to the vice-chancellor to appoint a disciplinary committee but he being the sole authority in whom the power to take action for the indiscipline vested, the order could not be ..... been expelled from hostel and debarred from appearing in the examinations as it was established that she committed, 'not only acts of indiscipline and misconduct as defined in the ordinances governing maintenance of discipline in university hostels and delegacies, banaras hindu university calendar but also acts of indiscipline including misconduct, act punishable under thelaw of the hostel which interferes with personal liberty of others, subject another to indignity. ..... in banaras hindu university, varanasi, residing in jyoti kunj hostel and a first class student throughout has challenged the order dated 7.1.2000 passed by the vice-chancellorexpelling her from the hostel and debarring her from appearing in the examination for the acts of ..... districtand sessions judge, pakar(bihar), a student of m.a.final, sociology,department of sociology.faculty of social sciences.banaras hindu university isexpelled from all theprivileges, including theprivileges of the hostels, ofthe banaras hinduuniversity with immediate effect ; and (2) that she is debarred with immediate effect from appearing at any entrance test of the university and/or admission to any academic course at banaras hindu university in future. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC266; (1998)3UPLBEC1713
..... their further grievance is that demonstrators, tutors and persons of other categories have been declared by the respondent as teachers within the definition of section 2 (i) of banaras hindu university act, 1915. ..... upadhyaya, learned counsel for the university submitted that the petitioners cannot be declared as teachers merely they were performing in emergency duties of teaching and it would not entitle them to be termed as teachers as it was a function which fell within the ambit of their research assistant degree. ..... for a post of research assistant the essential qualification is a bachelor's degree in law plus at least a second class master's degree in sociology/economics/ psychology/history/political science/statistics with some experience of empirical research. ..... degree but possessing second class master's degree should have obtained first class in the bachelor's degree. ..... degree should possess a high second class master's degree and second class in the bachelor's degree ; or (iii) a candidate not possessing ph.d. ..... research assistant (law (school) : grade : rs 550-750 qualifications : essential : (1) first class bachelor's degree in law or a master's degree in law. ..... degree should possess at least a second class master's degree ; or (ii) a candidate without a ph.d. ..... degree with good academic record. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2304; 2006(4)ALD102(SC); 2006(6)SCALE66; (2006)11SCC42; 2006(3)SLJ275(SC)
..... banaras hindu university was constituted under the banaras hindu university act ..... kant, reader, department of ophthalmology, banaras hindu university dated 12.4.2000, hereby pass the following ..... of my earlier order and failed to resume duty in institute of medical sciences, banaras hindu university till the date.now, therefore, i, y.c. ..... simhadri, vice chancellor, banaras hindu university, after considering the entire matter in details and on merit along ..... as lecturer in ophthalmology, institute of medical sciences, banaras hindu university, varanasi. ..... said circular evidently was to lay down broad guidelines in regard to the quantum of punishment which should be imposed, as would be evident from the fact that section (a) thereof deals with the cases of those employees who had gone abroad without prior permission (which itself is a misconduct) and overstaying the leave for more than ..... be further informed that in case he does not report for duty on or before 17th may, 2000, it would be presumed that he is no more interested in the university service and his services shall be deemed to have been abandoned by him with effect from 1st march, 2000 without any further notice in the matter.in the said notice evidently ..... to the said notices submitted his reply which might or might not have been accepted, but by reason thereof, the vice chancellor of the university could not have taken a different stand while issuing office memo dated 18.4.2000 so as to say that 'he would be deemed to have abandoned ..... 1915 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All579
..... the conclusion to which the learned judge came was that the academic council alone was under the banaras hindu university act and the statutes and ordinances, competent to mete out the punishment and that the standing committee which did so was not authorised under the law; hence the resolution awarding ..... council was then held on 30-4-1959, and one of the items on the agenda was:'to confirm the order of the vice chancellor dated 17-4-1959, under statute 9 of the banaras hindu university act, act no. ..... devoted on behalf of the petitioner on the stand taken by him on this document i have preferred even at the cost of being lengthy to quote it in full in the judgment;'to the proctor,banaras hindu university, varanasi. ..... banaras hindu university, air 1960 all 256, impugning the order of rustication on a number of grounds out of which one was that the standing committee of the academic council had no jurisdiction to pass the order ..... these reports formed, if not wholly, to a substantial degree at least, the basis of disciplinary action against the students including the petitioner.as a matter of fact, reference to these reports is to be found in the agenda of the academic council also for the meeting of 30-4-1959 ..... very nature of things be very limited in scope in the matter of discipline particularly in educational institutions where the welfare of a large section of young boys is to be effected. ..... xvi of 1915 (amended upto 15-10-1958), expelling the undermentioned students pending decision of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All371
..... the aforesaid degree college is affiliated to banaras hindu university in accordance with the provisions of banaras hindu university act and statutes framed ..... the registrar of banaras hindu university by means of order dated 1-6-2005 has informed the petitioners that the committee of management of the institution is neither illegal nor it has become time barred, and, therefore, the request of the petitioner has been ..... view of the aforesaid facts the petitioners moved an application before the banaras hindu university to withdraw the recognition which had been granted to respondent no. ..... committee of management of the institution constituted by the executive council of the society falls automatically and, therefore the registrar of the university is not justified in holding that the committee of management of respondent no. ..... of 2004 it is provided that the trustees shall continue to look after the day to day affairs of the degree college with restrictions as have been mentioned in the order dated 22-12-2004. ..... college receives 47.5% maintenance grant from the state government and 47.5% maintenance grant is received from the university grants commission. ..... said society runs and manages various educational institutions including degree college and inter college at varanasi. ..... the committee of management of the degree college which constituted the said executive council of the society can have no independent existence once the elections of the executive council itself have been declared .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3187; (2001)1UPLBEC86
..... vice-chancellor, banaras hindu university, varanasi and others, 1985 uplbec 634, it was held that though an aggrieved person can make representation to the visitor under section 5(7) of banaras hindu university act, 1915, but where the executive council has taken a decision, itself without jurisdiction, the the high court can exercise jurisdiction under article 226 of the constitution of india. ..... as discussed above, we have found that the vice-chancellor has no power to make any appointment under section 13 of the state universities act. ..... the general power which is conferred under clause (a) of subsection (1) of section 13 of the act will not be attracted when there is a specific bar created under subsection (6) of section 13 of the act in respect of appointment of a teacher of the university by the vice-chancellor secondly, clause (a) of sub-section (1) of section 13 confers power on the vice-chancellor to exercise general supervision and control over the affairs of the university including the constituent colleges and the institutions maintained by the university and its affiliated and associated colleges. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1992Cal95,(1992)1CALLT234(HC)
..... the definition of teacher may be referred to in the benaras hindu university act, 1915 and the aligarh muslim university act, 1920 but more precise is the definition of teacher in s. ..... pass any order relating to the dispute instead of the district forum or can issue ad interim order and issue warrant of arrest; (e) whether the district forum can be termed as court within the meaning of section 13(5) of the consumer protection act save and except for the purposes mentioned therein; (f) whether high court has got any jurisdiction in its writ jurisdiction to interfere with any order passed by the district forum when there is an alternative ..... calcutta district forum is appealable; the writ petition is not maintainable because the petitioners have impleaded the president of the forum and challenged the preceding of the forum which could not be done in view of section 28 of the act; the writ petition is not maintainable because the writ petitioners have questioned the authority of the forum and finally the writ petition is not maintainable because the petitioners have prayed for the removal ..... the school imparts general education above the primary education stage qualifying the students for admission to a certificate, diploma or degree course instituted by the university or the government. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All196
..... hindu university was established and incorporated under act xvi [16] of 1915 (the benares hindu university act, 1915 ..... letters of administration was dismissed by the learned single judge on the ground that the benares hindu university was an association of individuals and section 236, succession act, therefore, was a bar to the grant of letters of administration to the benares hindu university. ..... section 236, succession act is, to our minds, no bar to the grant of letters of administration as the benares hindu university is neither an association of individuals; nor is it necessary under that section that the letters of administration should be granted to a person meaning ..... hindu university is the universal legatee and would, therefore, be entitled to a grant of letters of administration under section 232, succession act, unless debarred by section 386 of the act ..... that the definitions in the general clauses act apply only when the context so permits, but there is nothing in the context which would compel us to hold that probate or letters of administration can be granted only to a human being and the word 'person' in sections 222 and 232, succession act has been used in a different sense than the one given to it in the general clauses act. ..... what is significant is that section 236 of the act itself provides that an association of individuals cannot get letters of administration unless it is a company which satisfies the conditions prescribed by rules to be made by the provincial .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All347
..... the bench held that banaras hindu university was established and incorporated under the banaras hindu university act 1915. ..... the leading case on this issue is banaras hindu university case : air1950all196 (supra) in this case chief justice malik was hearing the letters patent appeal againat the order of learned single judge dismissing the application under section 276 of the act filed by banaras hindu university for letters of administration as universal legatee under will dated 14-1-1943 left by ram dutt das, who died on 11-3-1943. ..... when the deceased has made a will but has not appointed an executor who is legally incapable or refused to act or has died before the testator or before he has proved the will, section 232 provides that all the assets of the deceased or executor dies after having proved the will, but before he has administered all the estate of the deceased. ..... with consent of parties, the following issues were framed as preliminary issue to be decided before framing further issues;whether in view of section 236 of the indian succession act 1925, 'letters of administration' can be granted of the estate of the deceased to a registered society.2. ..... a society under the societies registration act can be formed by any seven or more persons associated for any literally, scientific and charitable purpose or for any other person described in section 20 of the act by subscribing their names to the memorandum of association and filing the same with the registrar of the joint stock .....
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