Court : Allahabad
Reported in : AIR1993All203; (1993)1UPLBEC288
..... 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 the right to advise the executive council on all academic matters. ..... (2) the regulations of the 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. ..... the university was constituted by the banaras hindu university act, 1915 ('act' for short). ..... it was lastly argued that the director of the institute of medical sciences being the only competent authority to deal with pmt and all matters in connection therewith and he having passed an order on may 29, 1992, reducing the attendance requirement from 65% to 60%, it was not open to the other authorities of the university to refuse admission to the writ petitioners.4. ..... in the ordinary parlance, 'course' means a programme of instructions, prescribed number of instruction periods or classes in a particular field of study. .....
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 ..... 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. ..... the learned counsel for the respondents argued, if i understood him correctly, that the first part of the clause imposes on the standing committee a duty to carry out the decisions and directions of the academic council and, therefore, this clause confers on the standing committee to perform all the functions of the academic council.i am unable to agree with, the contention of the learned counsel that the first part of clause (x) can be so interpreted as to mean that ..... act cast a duty on the senate to be in charge of the discipline of the students and it may further be stated that, if the statutes conferred any such power on the syndicate, the syndicate would certainly possess that power because of the provisions of section 12 of the act. ..... class of the university. ..... nath kunzru, learned counsel for the respondents, has countered the above submissions and has further urged that the writ petitions should be dismissed because other suitable 'remedies were open to the petitioners, which they failed to avail of. ..... committee appointed by the vice chancellor had classified the offending students into 9 classes, though the chief proctor had classified them into 3 classes only. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC719; (2004)2UPLBEC1593
..... 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 ..... 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 for the purposes of carrying out instruction and ..... 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 ..... 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 7c of the banaras hindu university act, 1915, enumerates the express powers and duties ..... this court in the impugned judgment has also noted that there is no provision in banaras hindu university act, 1915, akin to section 2 (13) of the u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC387
..... student' as defined in clause 16 (a) of the information 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. ..... the petitioner who was admitted in m.ed, course in the respondent-university has been denied the benefit to join the classes primarily on the ground that she was not a b.h.u. ..... when after considering all facts and circumstances and also the objections by the office to the admission of a candidate, the vice-chancellor directs the admission of such a candidate, such admission could not be said to have been made through ..... after all it was the fault of the respondents who stopped the petitioner from pursuing her studies and to appear in the ..... cannot be prevented to pursue her studies inm.ed, course as obviously the petitioner was not at fault in bringing about a situation, if at all there was any mistake. ..... , and therefore, for all practical purposes, the petitioner shall be treated to be the student of ..... petitioner therefore, made a representation to the visitor the hon'ble president of india, new delhi disclosing all the relevant facts. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All535
..... 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 the statute, any delegation of power to perform any function in respect of awarding punishment for ..... to afford him a second opportunity.it was then submitted that the principal having brought the matter to the notice of the vice-chancellor and having sent the communication to the deputy registrar (academic) along with his report and opinion in the matter, it was open to the standing committee of the academic council, which was the supreme body in regard to the award of punishment for breach of discipline ..... afford the students proceeded against a reasonable opportunity to show cause against the action proposed 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 ..... 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 higher study. .....
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 ..... 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 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 a bar in instituting any suit or writ petition against the ..... 20094 of 1998 which was partly allowed by providing that the learned visitor should consider the representation of the petitioner dated 14.5.1997 and pass appropriate order on the representation possibly within a period of ten weeks from the date of production of a certified copy of ..... 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 ..... 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 of his duties. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1720; 2005(2)ESC874; (2005)1UPLBEC806
..... 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. ..... 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 ..... 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 the directions of this court in the judgment and order dated 12.12.2003 ..... 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. ..... banaras hindu university and sri anil tiwari on behalf of sampurnanand sanksrit university .....
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 enquiry. ..... the university authorities will be well advised to consider amending the form and for so long as new form is not printed to lay down the rule that invigilator and other persons who have personal knowledge must first of all record their report concisely indicating all the facts which may be used against the examinee and thereafter the explanation of the examinee should he obtained. '19. ..... in (s) air 1957 sc 882, it was observed that rules of natural justice require that a party should have the opportunity of adducing all relevant evidence on which he relies that the evidence of the opponent should be taken in his presence, that he should be given the opportunity of cross-examining the witnesses examined by that party and that no material should be relied on against him without his being given an opportunity of explaining them.in the other case it was observed that ..... registrar, roorkee university, roorkee 1957 all lj 213 where mehrotra, j. .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC2149
..... 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 ..... 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. ..... upadhyay from section 10 sub-section (1) that the executive council shall be the executive body of the university and shall have charge of the management and administration of the revenue and property of the university and the conduct of all administrative affairs of the university and shall also perform all the duties as may be conferred or ..... in view of the ratio laid down in the said two decisions, it is not open to the petitioner to challenge the validity of the selection process or the constitution of the selection committee or ..... it is not open to a candidate after having been unsuccessful to challenge the validity of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1243; (2000)2UPLBEC1113
..... student and admitted her as such, we are not inclined, in the fact situation 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. ..... it is nobody's case that banaras hindu university draws students for admission to under graduate courses from backward regions so as to justify preferential treatment being given to its students for post graduate admission in the university which is done on the basis of open entrance test 'there must be substantial social justice as raisond'etre for a high percentage of reservation in favour of alumni students'. ..... (b) seats shall be reserved for scheduled castes (15%) and scheduled tribes (7.5%) in each course. ..... university students, as such, are not educationally backward and indeed institution-wise segregation or reservation has no place in the scheme of article 15, although social and educational destitution may be endemic in some parts of the country where a college or university may be started to remedy this glaring imbalance and reservation for those alumni for higher studies may be permissible......unlessthere is vital nexus with equal opportunity broad validation of university based reservation cannot be built on the vague ground that all other universities .....
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