Court : Allahabad
Reported in : 2003(2)AWC1403; (2003)1UPLBEC528
..... words even where there are several optional papers. it is a fallacy to think that the intellectual capacity of all the candidates opting different optional subjects in a competitive examination is exactly equal and, therefore, it is necessary to apply a system of scaling so that the marks secured by various candidates in different optional subjects come to ..... or to the aggregate of the marks in order to make a candidate eligible to appear in the viva voce test would indirectly amount to amendment of clause (6) of the appendix. such an amendment to the rules could be made under article 234 only by the lt. governor after consulting the high court in that regard. it was further ..... not belong to the same place and the moderators shall moderate all three question papers out of which one will be chosen. there is no provision in the act which may either directly or indirectly permit any kind of alteration in the marks awarded by the examination. that apart, it is not suggested from the side of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All135
..... adequate reservation under article 16(4), care would be taken not to provide for unreasonable, excessive or extravagant reservation, for that would, by eliminating general competition in a large field and by creating widespread dissatisfaction amongst the employees, materially affect efficiency. hence, like the special provision improperly madeunder article 15(4) ..... of relatives qualifying for the benefit of reservation. in paragraph 16 of the information leaflet no. a-10-e/77 pertaining to u. p. nayaik sewa competitive examination 1977 (annexure 2 to the writ petition) it was stipulated that son, daughter, grandson (married or unmarried) and grand-daughter [unmarried) were ..... misa and disir and their dependants has been assailed by the petitioners. one of the grounds of challenge is that after the drastic amendments made in the maintenance of internal security act, 1971 (popularly known as 'misa') during the emergency proclaimed on 25/26th june, 1975, and the suspension of fundamental rights .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1691
..... their merit and to provide reasonable opportunity for promotion, who merit academic recognition, on a competitive basis. in order to give effect to the said objective, the act, 1973 was amended by the state of u.p. inserting the provisions of section 31(a) to the act, 1973 which provides for a different channel of appointment/promotion, but for a joint ..... sanction of setting up of a rival cinema hall in the town contesting that it would adversely affect monopolistic commercial interest, causing pecuniary harm and loss of business from competition. the hon'ble apex court observed as under :'such harm or loss is not wrongful in the eye of law, because it does not result in injury to ..... regular cadre. the purpose of floating the scheme by u.g.c. was to give recognition to a person having outstanding merit and who deserves to be appointed on competitive basis. it may impliedly mean that the schemes are meant for those, who are fit to be promoted, but could not be considered for want of vacancy in .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC3070
..... be called doctor bhimrao ambedkar university, agra], gorakhpur, [which shall with effect from the date of commencement of the uttar pradesh state universities (second amendment) act, 1997 be called deen dayal upadhaya gorakhpur university, gorakhpur] kanpur [which shall be called shri sahu ji maharaj university, kanpur with effect from september ..... doubt that such reservation can not completely exclude admission of students from other universities and states on the basis of merit judged in open competition...................we agree wholly with these observation made by the learned judge and we unreservedly condemn wholesale reservation made by some of the state governments ..... india, the extent of such reservation 'would depend on several factors including opportunities for professional education in that particular area, the extent of competition, level of educational development of the area and other relevant factors'. it may be that in a state where the level of educational development .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(2)AWC1489; (2002)2UPLBEC1483
..... compensation were also held to be discriminatory and these two sections being the pivatal provisions of the act. the entire act had to be struck down as unconstitutional. subsequently, the parliament passed 17th constitution amendment act on 20th june, 1964, thereby effecting changes in article 31a by not only adding a ..... service and the public works department computers service. (b) in officiating or temporary vacancies : (i) by direct recruitment on the result of a competitive examination conducted by thecommission. (ii) by promotion of members of the public works department, subordinate engineering service and public works department computers service. 6. ..... of assistant engineer shall be made from the following sources : (a) in permanent vacancies : (i) by direct recruitment on the result of a competitive examination conducted by the commission. (ii) by selection from amongst officers appointed as assistant engineer by direct recruitment through the commission and working in temporary or .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(4)AWC3280
..... union territory.(2) after the recruitment under sub-rule (1), subsequent recruitment to the service, shall be by the following methods, namely :(a) by a competitive examination ;(aa) by selection of persons from amongst the emergency commissioned officers and short service commissioned officers of the armed forces of the union who were commissioned ..... is made in accordance with the provisions contained in indian forest service (recruitment) rules, 1966, which broadly provides for two modes of recruitment (a) direct recruitment by competitive examination ; and (b) by promotion of substantive members of the state forest service.4. last recruitment of the state forest service officers of u. p. by ..... central government in exercise of powers under sub-section (1) of section 3 of the all india services act, 1951. the language of sub- rule (2) of rule 4, as it stood prior to its amendment is rather peremptory in nature and thus it requires that the central government has to re-examine the strength .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)AWC1615; (2003)1UPLBEC200
..... from :(i) blindness or low vision ; (ii) hearing impairment ;(iii) locomotor disability or cerebral palsy.section 3 of the amending act is quoted as below :'3. amendment of section 3.--in section 3 of the principal act :(a) for sub-section (1) the following sub-section shall be substituted, namely :(1) there shall be reserved at the ..... i.e., if he belongs to scheduled castes category, he will be placed in that quota by making necessary adjustments ; similarly if he belongs to open competition category, he will be placed in that category by making necessary adjustments. even after providing for these horizontal reservations, the percentage of reservations in favour of ..... necessary adjustments ; if he belongs to backward classes category, he will be placed in that quota by making necessary adjustments. similarly if he belongs to open competition category, he will be placed in that category by making necessary adjustments.'10. by a notification issued by the state government on may 4, 1995, .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2006)99TTJ(All.)123
..... specified in the section, a notice is mandatory and not a mere formality. in the provisions of section 143(2), as they stood before substitution by the direct tax laws (amendment) act, 1989, w.e.f. 1st april, 1989, no time-limit was prescribed for issue of a notice. it was in the context of the pre ..... amendment w.e.f. 1st oct., 1991, provided that the said notice cannot be served on the assessee after the expiry of 12 months from the end of ..... nature that could not be cured. however, by the direct tax laws (amendments) act, 1987, a proviso was introduced to section issuing notice under section 143(2) of the act, was invalid but the invalidity was not of such nature that could not be cured. however, by the direct tax laws (amendment) act, 1987, a proviso was introduced to section 143(2) which, after the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All257
..... class in the matter of transport trade-is not a reasonable classification. i further find that article 19(1)(g), (6) was amended by the constitution first amendment act of 1951, and the effect of the amendment is that an exclusive right to trade by a state or by a corporation owned or controlled by a state, even to the ..... running its vehicles, were run in a very unsatisfactory manner, and used to cause a lot of inconvenience to the travelling public. after the state also entered into competition, the services have been substantially improved on certain routes in the western and the hill districts,' and if taking an over all view of the entire position, the ..... -- 'commonwealth of australia v. bank of new south wales (c)', as follows:'.........their lordships do not intend to laydown that in no circumstances cculd the exclusion, of competition so as to create a monopoly either in a state or commonwealth agency, or in some other body, be justified. every case must be judged on its own facts .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC880; (2000)2UPLBEC1537
..... made on the basis of merit-cum-option and the said merit shall be determined on the basis of marks obtained in the competitive examination. the scheme- was amended by notification dated 30.3.1994 and the amended clause gha and anga reads as follows :^?k& ik= vh;ffkz;ksa dksfo'ks'krk vksj dkyst dk vkcavu o;fdrxr ..... degree and diploma courses in all the government allopathic medical colleges, dental college and k. g. medical college. lucknow. clause 8 of the notification provides that a competitive entrance examination shall be held every year for registration and residency admission to three years' post graduate degree courses and the said examination shall be held for 75 per ..... down the scheme for admission to post graduate courses in medical colleges. in exercise of power conferred by section 28 (5) of u. p. state universities act, 1973, as amended from time to time and other powers enabling him in this behalf, the governor of u. p. issued a notification on 9.10.1990 for implementation of .....
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