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Virendra Nath Gupta and Another Vs. Delhi Administration and Others

Court : Supreme Court of India

Reported in : AIR1990SC1148; JT1990(1)SC403; 1990LabIC929; 1990(1)SCALE436; (1990)2SCC307; [1990]1SCR805; 1990(2)LC152(SC)

..... institution is regulated by the provisions of the delhi school education act 1973 (hereinafter referred to as the act) and the rules framed thereunder, namely, delhi school education rules 1973 (hereinafter referred to as the rules ..... the kerala education society is a recognised and aided institution, it is subject to the regulatory provisions contained in the delhi school education act 1973 and the rules ..... malayalees have their own language, script and culture, and in order to preserve the same they established the institution which is administered by the linguistic minority, with the primary purpose of promoting the study of malayalam and also for preserving their culture, dance, music and other kerala arts. ..... the objects of the society are: (i) to provide facility for the education of children in the union territory of delhi by making provision for suitable institutions; (ii) to promote the study of ..... no suitable candidate was available for promotion within the zone of consideration the director of education permitted the managing committee to advertise the post for filling the same by direct recruitment ..... set up by the religious or linguistic minority is free to manage its affairs without any interference by the state but it must maintain educational standards so that the students coming out of that institution do not suffer in their career. ..... kerala education society (hereinafter referred to as 'the society') is a society registered under the societies registration act, xxi of 1960. .....

New Era Education Society Vs. Dy. Director of It (Exemption)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)88TTJ(Delhi)87

..... under delhi school education act, 1973, which extends to whole of the delhi and rule 173 of the delhi school education rules have provided the rules for maintenance of the school fund ..... that these brought forward loans were also noticed by the assessing officer in the earlier years but the assessing officer did not treat it as fatal for denying the exemption under section 10(22) of the act.learned counsel further stated that the assessing officer was not justified in observing that no interest has been charged on the loans given to the members of the society or their relatives. ..... may not be available, vouchers may not have been signed.the assessing officer considered the oral as well as written submissions of the assessee and observed that where all the objects of a trust are educational and the surplus if any from running the educational institution is used for educational purposes only, it can be held that the educational institute is existing for educational purposes and not for the purposes of profit. ..... after the establishment of the aforesaid new era education society in 1963 and in pursuance of its objectives to promote education, the society took over the primary school which had been started by mrs. ..... chopra in 1960.in furtherance of its objectives, more schools were opened at different locations at different points of time and during the year under consideration, the society was running 6 educational institutions. ..... chopra started the institution somewhere in the year 1960. .....

New Era Education Society Vs. Dy. Director of It (Exemption)

Court : Delhi

Reported in : (2004)88TTJ(Del)97

..... under delhi school education act, 1973, which extends to whole of the delhi and rule 173 of the delhi school education rules have provided the rules for maintenance ..... oral as well as written submissions of the assessed and observed that where all the objects of a trust are educational and the surplus if any from running the educational institution is used for educational purposes only, it can be held that the educational institute is existing for educational purposes and not for the purposes of profit. ..... it also observed that if any surplus results incidental to activity entity lawfully carried on by the educational institution, it will not cease to be one existing solely for educational purposes since the object is not to make profit.the hon'ble rajasthan high court in the case (supra) had held that if there was any misutilisation or mismanagement, action could be ..... it was argued that exemption under section 10(22) of the act was available to any educational institution, if it satisfies the following two conditions :(i) the institution exists solely for educational purposes;(ii) such institution does not exist for the purpose of profit.while disallowing the claim of exemption under section 10(22), the assessing officer has, inter alia, made the following ..... establishment of the aforesaid new era education society in 1963 and in pursuance of its objectives to promote education, the society took over the primary school which had been started ..... somewhere in the year 1960. ..... 1960 .....

Bharat Coking Coal Ltd. and ors. Vs. Ram Prakash Singh and ors.,

Court : Jharkhand

Reported in : [2005(1)JCR529(Jhr)]

..... , all the arguments of the learned counsel for the petitioners must fail because for the primary reason that the process of imparting education can never be said to be an industrial process nor can it be said to be an integral part of the dominant object of the company and therefore a writ of mandamus cannot be issued enforcing the management to continue with an activity which is not included in its objects and functions-education being neither a mining activity nor an industrial process. ..... that being the position, an activity which is alien to the dominant object of the company cannot be enforced to be carried on in perpetuity even if such a field of activity related to educating the wards of the employees of the management because, such an education or an activity or an educational activity cannot be said to an industrial rocess with which the company is exclusively and solely concerned with. ..... the law which governs the management of hindustan copper limited are the labour laws including the industrial disputes act and in relation to their application for closure, the appropriate authority under the government of india, ministry of labour, by annexure 'b' granted them permission for such closure of the industrial establishment at mosabani mine with effect from 01.12. ..... , reported in air 1960 sc 873 is worth referring to. ..... in this context, the judgment of the hon'ble supreme court of india in the case of university of delhi v. .....

Deen Dayal Sharma Vs. Union of India and ors.

Court : Delhi

Reported in : 2002IIIAD(Delhi)557; 96(2002)DLT550; 2003(1)SLJ7(Delhi); 2002(4)SLR727

..... counter affidavit it is mentioned that the request ofthe petitioner of transferring him to theprimary school (pathsala) was not possibleafter the delhi school education act, 1973 andthe rules made there under came in force. ..... of the petitioner was dismissed on 29.2.1980 as notmaintainable as the same was barred by section25 of the delhi school education act. ..... had been considering theissue of maintenance of common seniority ofemployees of different schools run by thesame trust/society, after the enforcement ofdelhi school education act, 1973 and therules made there under. ..... 's main plea before this court ishis grievance of not promoting him to theselection grade post on the ground that her helda lien in the primary school and that lien couldnot be terminated without his consent. ..... the promotion because he wasthe seniormost teacher in the primary school andno joint seniority list was maintained. ..... at the relevanttime admittedly both the primary and middleschools were being managed by the ..... had to be given to the petitioner.unfortunately, that promotion was denied to the petitioner on the ground that at that point oftime he was not working in the primary schooland was given to respondent no. ..... both the primary and the middleschools were under the management of sanatandharam ..... the primary school only hasone post of selection grade in the cadre ..... that despite the clear andcategoric assurances by the management and theauthorities, the petitioner was not given theselection grade in the primary school. .....

Directorate of Education Vs. Action Committee Unaided Recognized Priva ...

Court : Delhi

..... reasons: (i) it is in direct conflict with the recognized schools (admission procedure for pre-primary class) order, 2007 issued by the lieutenant governor; and (ii) even if the submission of doe that the delhi school education act, 1973 must be interpreted in the light of the constitution 69th amendment act dated 01.02.1992 inserting article 239aa and the government of national capital territory act, 1991 is accepted, article 239aa(3)(c) of the constitution of india would be attracted to ..... recognized schools (admission procedure for pre-primary class) order, 2007 (for short 2007 order) was issued by the lieutenant governor of nct of delhi in exercise of the powers conferred by section 3(1) of delhi school education act, 1973 (for short dse act) read with rule 43 of ..... . while submitting that the order dated 06.01.2016 was issued in exercise of the power conferred under section 3(1) and section 23 of the delhi school education act, 1973 and rule 43 of the delhi school education rules, 1973 read with the powers delegated to the doe under the circular dated 04.09.2001, it is also contended by the learned senior counsel for the appellant that the ..... 43 of the rules further provides that the administrator, if he is of opinion that in the interest of school education in delhi it is necessary to do so, issue such instructions in relation to any matter not covered by the rules as ..... governor to regulate education in all the schools in delhi in accordance with the provisions of the dse act and the .....

Forum for Promotion of Quality Edun. Vs. Social Jurist, a Civil Right ...

Court : Supreme Court of India

..... governor of nct of delhi had made the 'the recognised schools (admission procedure for pre-primary class) order 2007' in terms of the guidelines in exercise of power conferred under section 3(1) of delhi school education act, 1973 and the rules thereunder (hereinafter referred as `admission order'). ..... such of the schools which have objection to the schedule may give their own schedule in advance to the director of education within one week and also publish the schedule containing date of distribution of registration forms, date fixed for acceptance of filled up forms, dates of admission etc. ..... permission to file special leave petition granted.issue notice.the high court, in the impugned order, has noted that government of national capital territory of delhi has more or less accepted all the ganguly committee recommendations in the matter of admission of children to pre- primary class in the primary schools and prepared the guidelines for admission to pre-primary classes. ..... the requirement in clauses 15 and 23 to the effect that there shall be prior approval of the directorate of education, is stayed for the time being.slp(c)no. ..... we make it clear that it will be sufficient if the admission criteria adopted by the schools are sent to the director of education. ..... they contemplate the managing committee of the school finalising the admission criteria, with the prior approval of the director of education. .....

Directorate of Education Vs. Action Committee Unaided Recognized Priva ...

Court : Delhi

..... (2014) 8 scc1 (ix) that the except the proviso to section 12(1)(c), none of the other provisions of right of children to free and compulsory education act, 2009 (rte act) apply to nursery admissions; reliance in this regard is placed on a judgment of division bench of this court in social jurist, a civil rights ..... powers conferred by section 3(1) of the delhi school education (dse) act, 1973 read with rule 43 of the delhi school education (dse) rules, 1973 and amending the recognized schools (admission procedure for pre-primary class) order, 2007 (admission order 2007 ..... for the appellant directorate of education (doe), government of national capital territory of delhi (gnctd) states that appeal against ..... state of karnataka (2002) 8 scc481 (iii) that autonomy has also been recognized and conferred upon such schools by section 16(3) of dse act and rule 145 of dse rules which empower the head of every unaided school to regulate admissions in the schools or any class thereof; (iv) that the scope of reasonable restrictions permitted vide article ..... of delhi at new delhi + lpa no.781/2014 directorate of education .... ..... of nct of delhi 198(2013) dlt384 (x) that the admission order 2013 is contrary to guidelines issued by the central government under section 35(1) of the rte act; (xi) that section 3 of the dse act and rule 43 of the dse rules cannot be read to overrule section 16(3) and rule 145; (xii) that the points system introduced vide the admission order 2013 is neither procedural, proper .....

Directorate of Education Vs. Action Committee Unaided Recognized Priva ...

Court : Delhi

..... (2014) 8 scc1 (ix) that the except the proviso to section 12(1)(c), none of the other provisions of right of children to free and compulsory education act, 2009 (rte act) apply to nursery admissions; reliance in this regard is placed on a judgment of division bench of this court in social jurist, a civil rights ..... powers conferred by section 3(1) of the delhi school education (dse) act, 1973 read with rule 43 of the delhi school education (dse) rules, 1973 and amending the recognized schools (admission procedure for pre-primary class) order, 2007 (admission order 2007 ..... for the appellant directorate of education (doe), government of national capital territory of delhi (gnctd) states that appeal against ..... state of karnataka (2002) 8 scc481 (iii) that autonomy has also been recognized and conferred upon such schools by section 16(3) of dse act and rule 145 of dse rules which empower the head of every unaided school to regulate admissions in the schools or any class thereof; (iv) that the scope of reasonable restrictions permitted vide article ..... of delhi at new delhi + lpa no.781/2014 directorate of education .... ..... of nct of delhi 198(2013) dlt384 (x) that the admission order 2013 is contrary to guidelines issued by the central government under section 35(1) of the rte act; (xi) that section 3 of the dse act and rule 43 of the dse rules cannot be read to overrule section 16(3) and rule 145; (xii) that the points system introduced vide the admission order 2013 is neither procedural, proper .....

Social Jurist, a Civil Rights Group Vs. Action Committee Unaided Recog ...

Court : Delhi

..... (2014) 8 scc1 (ix) that the except the proviso to section 12(1)(c), none of the other provisions of right of children to free and compulsory education act, 2009 (rte act) apply to nursery admissions; reliance in this regard is placed on a judgment of division bench of this court in social jurist, a civil rights ..... powers conferred by section 3(1) of the delhi school education (dse) act, 1973 read with rule 43 of the delhi school education (dse) rules, 1973 and amending the recognized schools (admission procedure for pre-primary class) order, 2007 (admission order 2007 ..... for the appellant directorate of education (doe), government of national capital territory of delhi (gnctd) states that appeal against ..... state of karnataka (2002) 8 scc481 (iii) that autonomy has also been recognized and conferred upon such schools by section 16(3) of dse act and rule 145 of dse rules which empower the head of every unaided school to regulate admissions in the schools or any class thereof; (iv) that the scope of reasonable restrictions permitted vide article ..... of delhi at new delhi + lpa no.781/2014 directorate of education .... ..... of nct of delhi 198(2013) dlt384 (x) that the admission order 2013 is contrary to guidelines issued by the central government under section 35(1) of the rte act; (xi) that section 3 of the dse act and rule 43 of the dse rules cannot be read to overrule section 16(3) and rule 145; (xii) that the points system introduced vide the admission order 2013 is neither procedural, proper .....