Court : Allahabad
Reported in : 2004(1)AWC719; (2004)2UPLBEC1593
..... section 7c of the banaras hindu university act, 1915, enumerates the express powers and duties of the vice-chancellor. ..... (2) every appointment of a teacher in such college or institution shall be made on the recommendation of a selection committee which shall consist of : (a) the principal, unless the post to be filled is that of the principal ;(b) one representative of the university nominated by the executive council ;(c) two persons nominated by the managing body ;(d) two persons not connected with the college or institution who have special knowledge of the subject with which the person to be appointed will be ..... he is the principal executive and academic officer of the university. ..... these duties cannot be discharged by the district inspector of schools unless he is in a position to find out on an administrative level as to who are the real office bearers of the college. ..... 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 members of the managing committee. ..... for this limited purpose the district inspector of schools must of necessity satisfy himself as to who, according to him, are validly elected office bearers of the institution. ..... after the election dated 21st september, 1998, office bearers of committee of management of d.a.v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All203; (1993)1UPLBEC288
..... -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 ..... of the university and, subject to the act, the statutes and ordinances, shall have charge of the organization of study and research in the university and the colleges, the courses of study and the examination of students and the conferment of ordinary and honorary degrees and shall exercise such other powers and perform such other duties as may be conferred or imposed on it by the statutes and ordinances, and shall the right to advise the executive council on ail academic matters.'7. section 18 of the act, so ..... university was constituted by the banaras hindu university act, 1915 ('act ..... against the five supernumerary seats four were filled in by granting admission to candidates ..... 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC619; [1961]3SCR386
..... with these arguments, it is necessary to examine closely the powers of the executive council of the university, as they can be gathered from the banaras hindu university act, the statutes and ordinances framed under it. ..... part i of the banaras hindu university calendar (1958) contains the terms of appointment, grades, salary and conditions of service of teachers, officers and other employees of the university. ..... 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 ..... 5(2) of the banaras hindu university act, 1915, appointed a committee of enquiry (known as the mudaliar committee) consisting of : ..... been a judge of a high court nominated by the central government who shall be the chairman of the committee; and (b) two persons nominated by the central government from among persons who have had administrative or other experience in educational matters, (3) it shall be the duty of the reviewing committee to examine the case of every person referred to it by the solicitor-general; and the reviewing committee shall, after holding such inquiry into the case as it may think fit .....
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. ..... it 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. ..... some of these matters are mentioned in clause (a) of sub-section (1) of section 17, namely, the constitution, powers and duties of the court, the executive council, the academic council, the finance committee and such other bodies. ..... 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. ..... bury, which runs as follows:''the office of visitor by the common law is to judge according to the statutes of the college, to expel or deprive upon just occasions and to hear appeals of course. ..... rent control and eviction officer : air1954all428 . ..... the applicants, therefore, cannot approach the state government by way of appeal or revision against the order of the rent control and eviction officer.'33. ..... the applicants have not been given any right to approach the state government to revise the order passed by the rent control and eviction officer. ..... 118, the court refused to interfere with an order passed against a fireman who had been cautioned for refusal to clean the uniform of an officer. .....
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. ..... 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 ..... in chitra srivastaua's case (supra), the supreme court has held that whether a duty arose in a particular case to issue a show cause notice before inflicting a penalty does not depend on the authority's satisfaction that the person to be penalised has no defence but on the nature of the order proposed to be passed ..... 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 mistake ..... students' category have been filled in by transposing the students who should have been in the ..... students' general quota and 8 seats are to be filled by the general candidates who may not necessarily be b.h.u, students .....
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)
..... the order of the visitor was communicated by the desk officer, ministry of human 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 ..... banaras hindu university (for short, 'the university) issued an advertisement on 25.03.1995, iner alia, for filling up a vacant post of lecturer in tridosa vigyan in the department of basic principles. ..... 3) the university having taken a definite stand before the high court in the earlier writ petition that the appellant was selected in terms of the prevailing practice, the impugned judgment is unsustainable ..... appointment of a teacher must conform to the constitutional scheme as adumbrated under articles 14 and 16 of the constitution of india and the terms of the act or the statute or ordinances governing the field. ..... it is true rule 37 is in terms applicable only to public service commission candidates and due notice of provisional entertainment of their application, subject to their passing examination before the date of interview, is a requirement peculiar to rule 37 and is not applicable to the present case.14 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All535
..... 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 the statute, any delegation of power to perform any function in respect of awarding punishment for breach of discipline ..... in all these cases the officers conducting the enquiry shall take such disciplinary action as may be within their power, and shall send a copy of their report to the dean of students for entry in the conduct book. ..... a fortiori it is the standing committee which is to afford an opportunity to the student proceeded against to explain his conduct and then to arrive at its conclusion for punishing him it may be that it is open to the standing committee to have a detailed enquiry made through a smaller body authorised by it or through any other responsible officer, i do not express any final opinion on that. .....
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. ..... clause (1) of article 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. ..... 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 his office. 7. ..... article 361(1) of the constitution gives complete immunity to the president and governors of states from any proceeding of the court in the exercise and performance of their powers and duties of his officeincluding any duty or function which are incidental to the exercise of his power and performance of his duties. ..... 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 of his duties. ..... therefore, no court can compel the president to exercise any power or to perform any duty, nor he is amenable to the writ or direction issued by any court .....
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. ..... sri raghuvansh pandey, however, claims that the term of the elected committee of management is 5 years and therefore, the assistant registrar rightly directed the elected office bearers to hold fresh elections vide order dated 11.7.2003. ..... nor the elections set up by sri anant prasad gupta can stand the test of scrutiny by this court and it is in the interest of justice that the fresh elections of the office bearers of the society as well as the committee of management may be directed to be held by the registrar, firms, societies and chits, lucknow within 3 months from the date a certified copy of this order is produced before the registrar by any of the parties in exercise of powers under section 25 (2) of the societies registration act. 24. .....
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. ..... 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 council. ..... an advertisement was issued on 13th october, 1995 by banaras hindu university for filling up of vacancies in different posts in the central hindu girls school including the post of assistant lecturer in english. ..... the visitor may disallow such ordinance or remit to the executive council for further consideration, subsection (7) provides that in order to have an opportunity of exercising the power to disallow an ordinance, the visitor is empowered to suspend the operation of the ordinance by an order until such opportunity is exercised by him. ..... section 19 of the general clauses act, 1897 provides that law relative to the chief or superior of an office, in any central act or regulation, shall apply to the deputies or sub-ordinates lawfully performing the duties of that office in the place of their superior. ..... law in force has been explained on identical terms as above in explanation-1 of article 372 of the constitution. .....
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