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Shyam Lal College Vs. Vice Chancellor, Delhi University

Court : Delhi

Reported in : 2006(89)DRJ667

..... writ petition filed by the shyam lal college which is a constituent college of the delhi university challenges the constitutional validity of clause 7(2) of the ordinance xviii made under the delhi university act, 1922(hereinafter referred to as `the act') in exercise of the powers under section 30 of the said act read with the amendment approved by executive council (e.c. ..... counsel for the petitioner in the first instance was heard first on the question of validity of clause 7(2) of the ordinance xviii issued by the delhi university and the validity of statute 30(1)(d). ..... so far as the challenge to statute 30 (1) (d) set out in the schedule under section 29(1) of the act is concerned, which statute gives the power to appoint additional members of the governing body, that also must fail because (a) the additional member on the governing body are appointed after an enquiry by the executive council of the delhi university which comprises of reputed academicians. ..... thus if it is assumed that the second selection committee which approves/disapproves the nominations of the first selection committee where the governing body of the college clearly has a larger say, such a procedure, cannot be said to in any manner affect the administration of the ..... the first selection committee for the post of the principal consists of a chairperson of the governing body who is also the chairperson of the selection committee, one member of the governing body to be nominated by the chairperson, two nominees .....

Geeta Wadhwa and ors. Vs. Uoi and ors.

Court : Delhi

..... of the act provides that on the commencement of delhi university (amendment) act, 1943 statues of the university will be those which are set out in the schedule. ..... same benefits with effect from the date such amendment is brought into force by the central government with respect to its employees 13.7 a reading of the aforesaid provisions makes it clear that a person who joined the university on or after 01.04.1964 and who was a subscriber to the provident fund under statute 28-a was entitled to opt for one of the two schemes i.e., the gpf-cum-pension-gratuity scheme, as set out in appendix ..... a matter of fact, drew my attention to a letter dated 05.05.1987 addressed by the ministry of human resource development (mhrd), goi to the registrar, delhi university. ..... . first and foremost, having reached the conclusion that no extensions could have been given by the university of delhi without due approval of the ugc or the goi, the entire argument is, in a sense, a ..... ' right for grant of pension flowed from statute 28a of schedule to act no.viii of 1922 (in short the 1922 act). ..... the union of india, for the first time, qua the issue of switch over from cpf scheme to pension scheme was ..... of the first aspect, mr ..... . first, the petitioners have made no such ..... first, with regard to the requirement of issuance of the notice in the manner prescribed for extension of time to employees to change over to the pension scheme as stipulated in circular dated 09.02.1989 and notification dated 11.02. .....

Kamlesh Malhotra and ors. Vs. Union of India and ors.

Court : Delhi

..... of the act provides that on the commencement of delhi university (amendment) act, 1943 statues of the university will be those which are set out in the schedule. ..... same benefits with effect from the date such amendment is brought into force by the central government with respect to its employees 13.7 a reading of the aforesaid provisions makes it clear that a person who joined the university on or after 01.04.1964 and who was a subscriber to the provident fund under statute 28-a was entitled to opt for one of the two schemes i.e., the gpf-cum-pension-gratuity scheme, as set out in appendix ..... a matter of fact, drew my attention to a letter dated 05.05.1987 addressed by the ministry of human resource development (mhrd), goi to the registrar, delhi university. ..... . first and foremost, having reached the conclusion that no extensions could have been given by the university of delhi without due approval of the ugc or the goi, the entire argument is, in a sense, a ..... ' right for grant of pension flowed from statute 28a of schedule to act no.viii of 1922 (in short the 1922 act). ..... the union of india, for the first time, qua the issue of switch over from cpf scheme to pension scheme was ..... of the first aspect, mr ..... . first, the petitioners have made no such ..... first, with regard to the requirement of issuance of the notice in the manner prescribed for extension of time to employees to change over to the pension scheme as stipulated in circular dated 09.02.1989 and notification dated 11.02. .....

Shashi Kiran and ors. Vs. Union of India and ors.

Court : Delhi

..... of the act provides that on the commencement of delhi university (amendment) act, 1943 statues of the university will be those which are set out in the schedule. ..... same benefits with effect from the date such amendment is brought into force by the central government with respect to its employees 13.7 a reading of the aforesaid provisions makes it clear that a person who joined the university on or after 01.04.1964 and who was a subscriber to the provident fund under statute 28-a was entitled to opt for one of the two schemes i.e., the gpf-cum-pension-gratuity scheme, as set out in appendix ..... a matter of fact, drew my attention to a letter dated 05.05.1987 addressed by the ministry of human resource development (mhrd), goi to the registrar, delhi university. ..... . first and foremost, having reached the conclusion that no extensions could have been given by the university of delhi without due approval of the ugc or the goi, the entire argument is, in a sense, a ..... ' right for grant of pension flowed from statute 28a of schedule to act no.viii of 1922 (in short the 1922 act). ..... the union of india, for the first time, qua the issue of switch over from cpf scheme to pension scheme was ..... of the first aspect, mr ..... . first, the petitioners have made no such ..... first, with regard to the requirement of issuance of the notice in the manner prescribed for extension of time to employees to change over to the pension scheme as stipulated in circular dated 09.02.1989 and notification dated 11.02. .....

Dr. Rajinder Kaur and ors. Vs. Union of India and ors.

Court : Delhi

..... of the act provides that on the commencement of delhi university (amendment) act, 1943 statues of the university will be those which are set out in the schedule. ..... same benefits with effect from the date such amendment is brought into force by the central government with respect to its employees 13.7 a reading of the aforesaid provisions makes it clear that a person who joined the university on or after 01.04.1964 and who was a subscriber to the provident fund under statute 28-a was entitled to opt for one of the two schemes i.e., the gpf-cum-pension-gratuity scheme, as set out in appendix ..... a matter of fact, drew my attention to a letter dated 05.05.1987 addressed by the ministry of human resource development (mhrd), goi to the registrar, delhi university. ..... . first and foremost, having reached the conclusion that no extensions could have been given by the university of delhi without due approval of the ugc or the goi, the entire argument is, in a sense, a ..... ' right for grant of pension flowed from statute 28a of schedule to act no.viii of 1922 (in short the 1922 act). ..... the union of india, for the first time, qua the issue of switch over from cpf scheme to pension scheme was ..... of the first aspect, mr ..... . first, the petitioners have made no such ..... first, with regard to the requirement of issuance of the notice in the manner prescribed for extension of time to employees to change over to the pension scheme as stipulated in circular dated 09.02.1989 and notification dated 11.02. .....

Kanta Batra and ors. Vs. Union of India and ors.

Court : Delhi

..... of the act provides that on the commencement of delhi university (amendment) act, 1943 statues of the university will be those which are set out in the schedule. ..... same benefits with effect from the date such amendment is brought into force by the central government with respect to its employees 13.7 a reading of the aforesaid provisions makes it clear that a person who joined the university on or after 01.04.1964 and who was a subscriber to the provident fund under statute 28-a was entitled to opt for one of the two schemes i.e., the gpf-cum-pension-gratuity scheme, as set out in appendix ..... a matter of fact, drew my attention to a letter dated 05.05.1987 addressed by the ministry of human resource development (mhrd), goi to the registrar, delhi university. ..... . first and foremost, having reached the conclusion that no extensions could have been given by the university of delhi without due approval of the ugc or the goi, the entire argument is, in a sense, a ..... ' right for grant of pension flowed from statute 28a of schedule to act no.viii of 1922 (in short the 1922 act). ..... the union of india, for the first time, qua the issue of switch over from cpf scheme to pension scheme was ..... of the first aspect, mr ..... . first, the petitioners have made no such ..... first, with regard to the requirement of issuance of the notice in the manner prescribed for extension of time to employees to change over to the pension scheme as stipulated in circular dated 09.02.1989 and notification dated 11.02. .....

Manjeet Sikka Vs. Uoi and ors.

Court : Delhi

..... of the act provides that on the commencement of delhi university (amendment) act, 1943 statues of the university will be those which are set out in the schedule. ..... same benefits with effect from the date such amendment is brought into force by the central government with respect to its employees 13.7 a reading of the aforesaid provisions makes it clear that a person who joined the university on or after 01.04.1964 and who was a subscriber to the provident fund under statute 28-a was entitled to opt for one of the two schemes i.e., the gpf-cum-pension-gratuity scheme, as set out in appendix ..... a matter of fact, drew my attention to a letter dated 05.05.1987 addressed by the ministry of human resource development (mhrd), goi to the registrar, delhi university. ..... . first and foremost, having reached the conclusion that no extensions could have been given by the university of delhi without due approval of the ugc or the goi, the entire argument is, in a sense, a ..... ' right for grant of pension flowed from statute 28a of schedule to act no.viii of 1922 (in short the 1922 act). ..... the union of india, for the first time, qua the issue of switch over from cpf scheme to pension scheme was ..... of the first aspect, mr ..... . first, the petitioners have made no such ..... first, with regard to the requirement of issuance of the notice in the manner prescribed for extension of time to employees to change over to the pension scheme as stipulated in circular dated 09.02.1989 and notification dated 11.02. .....

University of Delhi Vs. Ashok Kumar Chopra and anr.

Court : Delhi

Reported in : AIR1968Delhi131; 4(1968)DLT4

..... university of delhi has been constituted as a body corporate under the provisions of the delhi university act, act ..... delhi university was that the s.s.c examination from gujarat (baroda) passed by him had been recognised by the delhi university as equivalent to metriculation examination of the delhi university only whereas the minimum qualification for admission to the first ..... sums of money to certain vendors of cream when the appellant-company sought to recover the difference due to it from the respondent-company, according to the schedule in force during that period, the respondent raised the plea of estoppel while the appellant put forward the connection that under the statute, the appellant could ..... writ petitions and the delhi university has preferred these appeals ..... of ordinance x which was introduced on 10-11-1965, and which is as follows:'ntowithstanding anything contained, expressly or impliedly, in these rules, permission to any candidate to appear at a university examination shall be deemed withdrawn respectively, if at any time, before the publication of results, the vice-chancellor is satisfied that: (i) an admission irregularity had occurred resulting in the candidate ..... , the statute is nto evaded appears to their lordships, with respect to approach the problem from the wrong direction: the court should first of all determine the nature of the obligation imposed by the statute and then consider whether the admission of an estoppel would nullify the statutory provision. ..... 1922 .....

Registrar of Delhi University Vs. Ashok Kumar Chopra and anr.

Court : Delhi

Reported in : ILR1968Delhi364

..... university of delhi has been constituted as a body corporate under the provisions of the delhi university act, act ..... delhi university was that the s.s.c examination from gujarat (baroda) passed by him had been recognised by the delhi university as equivalent to metriculation examination of the delhi university only, whereas the minimum qualification for admission to the first ..... , allowed the three writ petitions and the delhi university has preferred these appeals against the said decision ..... clause 2-a of ordinance x which was introduced on 10/11/1965, and which is as follows:- 'nto with standing anything contained, expressly or impliedly, in these rules, permission to any candidate to appear at a university examination shall be deemed withdrawn retrospectively, if at any time, before the publication of results, the vice-chancellor is satisfied that:- (i) an admission irregularity had occurred resulting in the candidate being ineligible for admission to ..... precluded, since, if it is admitted, the statute is nto evaded, appears to their lordships, with respect, to approach the problem from the wrong direction; the court should first of all determine the nature of the obligation imposed by the 'statute, and then consider whether the admission of an estoppel would nullify the statutory provision. ..... sought to recover the difference due to it from the respondent-company, according to the schedule in force during that period, the respondent raised the plea of estoppel while the appellant ..... 1922 .....

Dr. K. Krishnamurthy and ors. Vs. State of Karnataka, by Its Secretary ...

Court : Karnataka

Reported in : ILR2003KAR2177

..... as per section 32(2) of the university act, persons in government service transferred to the university under section 7 shall be entitled to pension under the kcsrs or such other rules as were applicable to them immediately before the transfer and such pension shall be payable by the state government and shall be an expenditure charged on ..... the further contention of the learned government pleader is that, under the statute framed by the university under section 40 of the uas act, 60 years is the superannuation age fixed in the condition of service of the petitioners, and therefore it is not binding on the state government ..... the reliance placed upon clause 3(a) of the government order dated 29/30.1.1976 by the learned government pleader on behalf of the first respondent to contend that the petitioners are not entitled for pensionary benefits, the contention is examined keeping in view sub-section (2) of section 32 of uas act and another go dated 24.8.1984 by which the state government has enhanced the age of superannuation of government servants from 55 years to 58 ..... sub-section (2) of section 32 of the uas act casts a statutory duty upon the first respondent to pay the pensionary benefits to the persons who were in the government service and transferred to second respondent university in exercise of its power under sub-section (2) of section 7 of the uas act.21. ..... the second respondent being a statutory university under the provisions of the act of 1963, the benefit of the said .....