Court : Allahabad
Reported in : AIR1967All535
..... by the statute, any delegation of power to perform any function in respect of awarding punishment for breach of discipline by students to the ..... it was submitted 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 ..... 13 printed at page 422 of the banaras hindu university calendar, part vi which was handed over by the learned counsel for the perusal of the ..... iii) in the central hindu college of the banaras hindu university. ..... may be justified for the reason that it is the standing committee of the academic council who under the act and statute of the university is the final body for maintaining discipline amongst students and punishing them for misconduct. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC719; (2004)2UPLBEC1593
..... section 17 of banaras hindu university act, 1915, provides that subject to the provisions of this act, the statutes may provide for all or any of the matters enumerated in the section. ..... section 18 of banaras hindu university act, 1915, provides that subject to provisions of the act and statutes, the ordinances may provide for all or any of the matters as mentioned therein. ..... the submission of sri upadhyaya is that there is no provision in banaras hindu university act, 1915, statutes and ordinances empowering the vice-chancellor to decide a dispute pertaining to election of committee of management and there being no provision in the statutes, the learned judge of this court erred in directing the vice-chancellor to decide the dispute between the parties regarding claim of election. ..... from the scheme of the banaras hindu university act, 1915 and the statutes, it is clear that there is no specific provision in the act or the statutes empowering the vice-chancellor to decide a dispute of election between two rival claimants claiming themselves to be the committee of management of the college. ..... sri srivastava contended that there is no provision in the banaras hindu university act, 1915, or in the statutes empowering the vice-chancellor to decide the dispute. .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC2149
..... the 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. ..... -sub-section (7) of section 5:without prejudice to the foregoing provisions of this section the visitor may, by order in writing annul any proceeding of the university which is not in conformity with this act, the statutes or the ordinances.8. ..... from various provisions of the act and the ordinances and statutes, he points out that it is the executive council which is in-charge of the management of the university itself and a proceeding undertaken by the executive council is a proceeding of the university and as such is amenable to sub-section (7) of section 5. ..... hajela, learned counsel for the petitioner contends that the constitution of the selection committee was invalid in view of ordinance 5 clause-(vi)(c) chapter-vi of the banaras hindu university calendar providing for the ordinance governing the management of institution under the school board earned under statute 41(2) of the banaras hindu university statute. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC2481; (2003)2UPLBEC1249
..... the said submission, learned counsel for the university has referred to section 18 of the banaras hindu university act, 1915 (hereinafter referred to as act). ..... section 18(1)(a) of the act is quoted below :'18 (1) subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely : (a) the admission of the students to the university and their enrolment ..... statute 26, which requires subsequent confirmation by the authority appointing the committee is not attracted in the present case since the power to make admission has been given to post graduate medical board under the ordinances framed under section 18 of the act ..... the revised rules having been framed by an authority not empowered under the act, statutes and ordinances to frame criteria for admission, the revised rules have no legal sanctity and hence the entire set of rules is not ..... submissions, the counsel for the petitioners, has referred to statutes 18 (xii) and 18 (xxiii) which are extracted below ..... as extracted above, it is clear that revised rules of admission framed by the post graduate medical board arc not any amendment in earlier ordinances nor they have been framed by committee appointed under statute 18 by the academic council or executive council. ..... statute 18(xxiii) empowers the academic council to appoint committee for admission and under statute 26, the said committee may deal with any subject assigned to it subject to subsequent confirmation by the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All203; (1993)1UPLBEC288
..... the university was constituted by the banaras hindu university act, 1915 ('act' for short). ..... 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 and ordinances, and shall have ..... 'since we are in respectful agreement with the above judgment, we must hold that section 11 of the act, or for that matter statute 26 does not entitle the academic council to deal or interfere with pmt as it does not relate to any course of study in the university or examination in connection therewith. ..... section 18 of the act, so far as it is relevant for our present purposes, reads asfollows -'subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely:-- xxx xxx xxx (c) the: qualification for admission to courses of study for degrees, diplomas, certificates and other academic distinctions and to examinations of the university and the award of degrees, diplomas, certificates and other academic distinctions. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1243; (2000)2UPLBEC1113
..... of the present case, 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. ..... and has passed the qualifying examination from the institute/faculty/mahila mahavidyalaya, banaras hindu university in the year of the test or one year immediately preceding the test. ..... and 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 the test.3. ..... when the admission to 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 are the same in ..... 1915 and statute 18 (xii) of the statutes.8. .....
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 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. ..... 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. ..... it would thus appear that the statutes are to provide for the constitution, powers and duties of all the important authorities of the university mentioned in section 7.the first statutes were to be those set out in schedule i of the act. ..... 22 and of sub-section (7) of section 5 of the act can be interpreted only to mean that wide powers had been conferred on the above authorities, but neither the statute nor the sub-section conferred any right on the students to take their cases to these authorities. .....
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 ..... shekhar, the learned counsel appearing on behalf of the appellant, in support of this appeal, would submit:1) in absence of any cut-off date having been specified in the advertisement and in view of the fact that the statute or statutory rules in this behalf are also silent in regard to the question as to whether the selection committee could allow the appellant to take part in the selection process as he had completed his m.d. ..... sub-section (7) of section 5 of the act, however, confers power upon the visitor of the university, without prejudice to the other provisions contained in the said section, by order in writing, to annul any proceeding of the university which is not in conformity with the said act, the statutes or the ..... . section 17 provides for a statute making power, including clause (l), which reads as under:(l) the classification and the manner of appointment of teachers in the university and the colleges; submission of .....
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 ..... shri kant, reader, department of ophthalmology, banaras hindu university dated 12.4.2000, hereby pass the following orders ..... taken note 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 with the ..... was appointed as lecturer in ophthalmology, institute of medical sciences, banaras hindu university, varanasi. ..... the 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 45 ..... 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 the ..... section 17 of the act lays down the mode and manner in which the statutes of the university are to be framed subject to the provisions of the act which includes all appointments, powers, duties and affairs of the university ..... 1915 .....
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 application was contested by the father of the testator, who claimed that the will was not validly executed and further that banaras hindu university is an association of individuals and is not entitled to get letters of administration. ..... the appeal was allowed and the banaras hindu university was granted administration with copy of the will of the deceased annexed..18. ..... chief justice malik further held that in the cases with the corporate personality like banaras hindu university created under the statute is a legal persona distinct and separate from the individual members of the corporation. ..... 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. ..... a probate or letter of administration with a copy of the will annexed although may not be granted in favour of a society but may be granted in favour of a person authorised by a society either in terms of the statute or a resolution adopted in this behalf by the society, as the case may be, so that such person may be answerable to the court. .....
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