Court : Allahabad
Reported in : 2004(1)AWC719; (2004)2UPLBEC1593
..... section 15 of the banaras hindu university act, 1915, provides for maintenance and admission to the privileges of the colleges, which is quoted below :'15 (1) the central hindu college, (banaras) shall from such date as the governor-general in council may by notification in the gazette of india, appoint in this behalf, be deemed to be a college maintained by the university, and the university may found and maintain other colleges and institutions including high schools, within a radius of fifteen miles from the main temple of the university ..... decree being obtained by such a party there can be little doubt that the district inspector of schools, in case he has taken a wrong decision, will alter his decision and will recognise that party in whose favour decision has been given judicially................................ 18. ..... that no such privileges shall be withdrawn until the managing body of the college or the institution, as the case may be, has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to the college or the institution. ..... a forum to decide a dispute, any decision by a competent authority under the societies registration act, 1860, has to be taken into consideration by the vice-chancellor. ..... if any party feels dissatisfied with the administrative decision taken by the district inspector of schools he is at liberty to file a suit against the rival claimants for adjudication of their rights either as office bearers or as .....
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 ..... 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 ..... the director of institute accepted the proposal and reduced the attendance requirement to 60% as no step was being taken in terms of the decision of the director, ashish rai, one of the three writ petitioners, filed a writ petition in this court, which was disposed of by a learned judge of this court ..... taken the view that a pre-medical test the purpose of which is to enable a student unlock the doors so as to gain entry into the table of learning is distinct and separate from an examination held by the university .....
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 ..... 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 ..... read : 'the executive council shall be entitled to terminate the engagement of an employee (i) on grounds of misconduct and (ii) physical unfitness for good cause and after calling for and considering his explanation and after giving four months' notice in writing or payment of four months' salary in ..... following passage : 'my view then is that only case in which the court can interfere with an act a public body which is, on the face of it, regular and within its powers, is when it is proved to be in fact ultra vires, and that the references in the judgments in the several cases cited in argument to bad faith, corruption, alien and irrelevant motives, collateral and indirect objects, and so forth, are merely intended when ..... , were unexercisable, and in the case of a service which was protected against arbitrary action, being permanent, could only be invoked in an appropriate instance. ..... an opportunity of showing cause against the termination of the service must be given; but action can also be taken to terminate the service, without assigning a cause, on four months' notice or four .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All256
..... would thus appear that as far as the banaras hindu university act, as amended in 1951, is concerned, there is no power in the standing committee to take any disciplinary action against the students of the university. ..... 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. ..... applicable to courts of justice were not applicable to domestic tribunals and the jurisdiction of courts in regard to tribunals was of an extremely limited nature.the only grounds on which the court mightinterfere were lack of jurisdiction, absence of good faith and disregard of principles of natural justice. ..... a letter dated the 29th october 1958, which contained three charges against him and direction to show cause why disciplinary action should not be taken against him by the university authorities. ..... the banaras hindu university act was passed in 1915 and was substantially amended in 1922, 1930 and ..... the committee was informed that the explanations of the students had been taken by the committee appointed by the vice chancellor and they had been considered by that committee.it is nowhere stated that the standing committee itself had considered the .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC387
..... 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. ..... by banaras hindu university (for ..... banaras hindu university in the year of the test or ..... sri upadhyaya is clearly in opposition to the stand taken in para 17 of the counter-affidavit in which it has been stated that the rules of admission have been framed by the experts in educational field and the academic council of the university has taken into account the pros and cons of its applicability ..... 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. ..... since the session stands concluded, and the final examinations of m.ed, course of the year, 1998 has taken place, and the result of the said examination has already been declared, coupled with the fact that the admissions for 1998-99 session have already been made, the ..... what reasons impelled the authorities to adopt such a course of action is a fact, which remains hidden in the penumbral zone .....
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)
..... resource 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 ..... . however, there are certain special features of this case which need to be taken care of and justice be done by invoking the jurisdiction under article 142 of the constitution vested in this court so as to advance the cause of justice ..... the university may take further necessary action immediately after intimation to this department.a writ petition was filed by the appellant before the allahabad high court. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All535
..... that there is no statute empowering the 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 duties as may be vested by ..... petitioner has questioned the legality and the validity of the action taken by the standing committee of the academic council of that university expelling him from the university.2. ..... if the vice-chancellor considers any further action to be taken and in his wisdom he decides to place the matter before the standing committee, then a fresh enquiry is initiated.in the instant case the vice-chancellor did refer the letter of the principal dated 12-3-1965 in respect ..... this was the action taken by the standing committee in regard to the earlier ..... thus if the action taken by the standing committee was as a result of considering such reports also, then it is obvious that their judgment was influenced by circumstances which the petitioner was not called upon to -explain even before the principal.be that as ..... principal recommended that the incident having created a panic among young generation of the hostel inmates some serious action ought to be taken against all the culprits. .....
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. ..... 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. ..... no doubt, the action or the order of the president can be scrutinized by the courts in order to give relief to the individuals against the government and, the personal immunity given to the president under the constitution will not stand as .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1720; 2005(2)ESC874; (2005)1UPLBEC806
..... on behalf 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 appeal no. ..... the order passed by the vice-chancellor, banaras hindu university dated 1.3.2004 is being challenged by sri raghuvansh pandey on the ground that the vice-chancellor has failed to record any finding in respect of legality or otherwise of the elections on 16.8.1998 as set up by sri anant prasad gupta despite ..... it is further submitted that fresh elections of the office bearers of the society have taken place on 20.8.2003 prior to the passing of the interim order by this court in writ petition no. ..... so constituted shall be duly intimated to the vice- chancellors of the universities for appropriate action. 26. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All642
..... further, the academic council of the banaras hindu university was acting as an administrative body and not as a judicial or quasi-judicial tribunal, and the rules ordinarily applicable to tribunals cannot apply to such an administrative body.the petitioner has not brought to my notice any statutory provision or rule under which it was obligatory or necessary for the academic council of the banaras hindu university to hold a regular enquiry by calling upon the petitioner to submit additional explanation and to participate in the ..... answers given by many examinees can, therefore, be word by word the same; and one not acquainted with the examinees can, in good faith, form an impression that the examinees had copied from the answer-book of one who was poor in studies. ..... there had been violation of the principles of natural justice or there exists an error apparent on the face of the record, or there was an error in the exercise of jurisdiction in the sense that the order passed or the action taken was arbitrary. ..... the examinations committee of the board had taken action when it was found that many examinees had copied and this was detected after the examination was over and the answer books were ..... this court has not taken a consistent view as to whether it is necessary or not for the academic council to itself afford an opportunity to the examinee against whom action is being taken, not only to submit his explanation afresh but to cross-examine the witnesses and to lead his evidence .....
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