Court : Allahabad
Reported in : AIR1993All203; (1993)1UPLBEC288
ORDERM. K. Mukherjee, C. J.These special appeals have been preferred against a common judgment passed by a learned Judge of this Court disposing of three writ petitions filed by three students who were denied admission to the M.B.B.S. course of the Banaras Hindu University, Varanasi (hereinafter referred to as the 'University') for the session 1992-93. Facts leading to the filing of the writ petitions and, for that matter, these appeals are as under.2. In February, 1992, the University issued an advertisement inviting applications from eligible candidates to appear in the pre-Medical Test ('PMT' for short) which was to be held on June 4, 1992, for selection for admission to the 1st year M.B.B.S. course for the ensuing session. The total number of seats for the course open for all students was 50; besides 5 supernumerary seats were earmarked for the students of the University. The eligibility requirements and other details relating to admission to the course were incorporated in an info...
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All256
ORDERM.L. Chaturvedi, J.1. This writ petition and six others, connected with it, arise out of the unseemly incidents which happened in the Banaras Hindu University in the autumn of last year. As a consequence number of students were awarded punishments of fine, rustication and expulsion, and these writ petitions are from students, who have either been rusticated or expelled from the University. The points that arise for decision in all these writ petitions are the same and the writ petitions can consequently be conveniently disposed of by a common judgment. While referring to particular facts. I shall refer to the facts of the case of Writ Petition No. 356 of 1959, Rana Pratap Singh v. Deputy Registrar, Banaras Hindu University and others.2. Rana Pratap Singh petitioner was a student of B. A. Final class of the University. He received 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 a...
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC719; (2004)2UPLBEC1593
Ashok Bhushan, J.1. These two appeals having been filed against same judgment dated 25th August, 2003 passed in Writ Petition No. 3785 of 2002, Arya Vidya Sabha Kashi and Ors. v. Banaras Hindu University and Ors., are being decided together.2. We have heard counsel for the parties in both the appeals and by consent of parties we proceed to decide both the appeal finally.3. Facts giving rise to these appeals, briefly, stated, are ; D.A.V. Degree College, Varanasi, is a college affiliated to Banaras Hindu University, Arya Vidya Sabha Kashi, Varanasi is a registered society under the Societies Registration Act, 1860, which claims to elect the managing committee of D.A.V. Degree College. Under the bylaws of the society, the Board of Trustees of Arya Vidya Sabhi Kashi, Varanasi, elects the committee of management. In the election claimed to be held by Assistant Registrar, Firms, Societies and Chits, Varanasi, on 21st September, 1998, Sambhu Nath Pandey claimed to be elected as Manager and S...
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC387
O.P. Garg, J.1. The petitioner Km. Rohini Singh appeared in the entrance test for admission to M.Ed. course 1997-98 conducted by Banaras Hindu University (for short 'B.H.U.'). On 8.9.1997 a letter was received by her from the Faculty of Education, B.H.U. to present herself with certain documents for verification and confirmation of admission. On 12.9.1997, she submitted required documents and on verification, she was admitted. A fee of Rs. 223 which was meant for B.H.U. students was accepted from her. In this manner, she was admitted to M.Ed., course 1997-98. When she was pursuing her studies in the said course, a letter dated 15.9.1997 was received by the father of the petitioner, which indicated that her admission to M.Ed, course has been cancelled. It was alleged that the impugned order dated 15.9.1997 was passed without affording her an opportunity of hearing. The petitioner therefore, made a representation to the Visitor the Hon'ble President of india, New Delhi disclosing all the...
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All535
ORDERK.B. Asthana, J.1. This is a petition under Article 226 of the Constitution by Ram Narain Singh, who was a student of B. A. (Part III) in the Central Hindu College of the Banaras Hindu University. The 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. It appears that in the Birla Hostel attached to the college some incident took place in January. 1965. The Principal of the College submitted a confidential note dated 10-2-1965 to the Deputy Registrar (Academic) concerning the said incident. A copy of the said note, is Annexure 'B'' to the counter-affidavit. According to the said note, the petitioner was found guilty of harassing one Devendra Nath Sharma, an inmate of the hostel, and is said to have admitted his fault. The Principal recommended that the incident having created a panic among young generation of the hostel inmates some serious action ought...
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2820; (2000)3UPLBEC2094
S. Rafat Alam, J.1. 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 Writ Petition No. 20883 of 1997 and the order dated 24.7.1998 passed in the Review Application No. 20094 of 1998. 2. 1 have perused the aforesaid orders of this Court contained in Annexures-1 and 2 to the contempt petition. It appears that the petitioner had filed Writ Petition No. 20883 of 1997 for quashing the advertisement and selection as well as appointment of Sri Ashok Sonkar who was arrayed as respondent No. 4 to the writ petition, to the post of Lecturer in Tridesh Vigyari. Department of Basic PrinciplesInstitute of Medical Sciences, Banaras Hindu University, Varanasi. The Division Bench of this Court, after hearing the learned counsel for the parties, declined to entertain the writ petition in view of the alternative remedy avai...
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1720; 2005(2)ESC874; (2005)1UPLBEC806
Arun Tandon, J.1. These are three writ petitions in respect of the same society and the institutions managed by it.2. Heard Sri R.S. Maurya Advocate on behalf of the Committee of Management with Sri Raghuvansh Pandey as its Manager, Dr. R.K. Srivastava Advocate on behalf of the Committee of Management with Sri Anant Prasad Gupta as the Manager, Sri V.K. Upadhyaya Advocate on behalf of Banaras Hindu University and Sri Anil Tiwari on behalf of Sampurnanand Sanksrit University.3. Ved Vidyalaya and Dayanand High School, Banaras was registered as a society under the Societies Registration Act on 11.3.1913. The name of the said society was changed and it was duly registered with the changed name of Arya Vidya Sabha, Kashi on 21.9.1918. it is not in dispute between the parties that the election for office bearers of the society are to be held in accordance with the provisions of the registered bye-laws of the society. It is also not in dispute that the office bearers elected in respect of the...
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC2149
D.K. Seth, J.1. 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. Many others as well as the petitioner and respondent No. 5 had applied for the post pursuant to the said advertisement. At the material point of time, in the absence of the principal, the respondent No. 4 was acting as principal of the Central Hindu Girls school as officiating principal. She was inducted in the Selection committee as one of the members in place of the principal. The selection committee had recommended the name of the respondent No. 5 for appointment in the post for which the petitioner had contested. By a resolution dated 20/21st July 1996, the Executive council had appointed the respondent No. 5 in the said post. This appointment has since been challenged by the petitioner in this writ petition.2. Mr. K. M. L. Hajela, learned counsel for the pe...
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1243; (2000)2UPLBEC1113
S.R. Singh, J.1. Challenge in the Special Appeal on hand is to thecorrectness of the judgment dated 23.10.1998 of the learned single Judge whereby the Civil Misc. Writ Petition No. 194 of 1998 instituted by respondent Km. Rohini Singh culminated in being allowed post-fixed with the directions to the appellants to give her admission in the one-year M.Ed, course. Thepetitioner was also awarded cost quantified at Rs. 2.000.2. The necessary facts as bear on the controversy Involved in this appeal are that the petitioner-respondent Km. Rohini Singh, took entrance test for admission to one-year M.Ed, course 1997-98, conducted by the appellants. The aforesaid course had seating allocation for 25 students including three supernumerary seats. 50% of the total seats were reserved for Banaras Hindu University students, that is to say, for students who have been admitted through University Entrance Test, B.H.U. and have passed the qualifying examination from the Institute/Faculty/Mahila Mahavidyal...
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1381; (2000)2UPLBEC1466
V.M. Sahai, J.1. The petitioner a student of M.A. Final. Sociology 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 indiscipline and misconduct. The relevant extract from the order dated 7.1.2000 is quoted below :(4) Whereas on examinationof her aforementioned reply andconsidering the entire case onmerit, it is now established thatthe aforementioned Km. Siddh Vidya has committed not onlyacts of indiscipline andmisconduct as defined in theOrdinances GoverningMaintenance of University Hostelsand Delegacies, BHU CalendarPart I, Vol. II, Pages 317 but alsoacts of indiscipline includingmisconduct, act punishable underthe law of the land, act whichinterferes with personal liberty ofother, subject another toindignity, involve physicalviolence, act which disturbs thesmooth ...
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