Court : Patna
..... . it was submitted that grant of recognition/affiliation is the function of the state and/or the concerned university in terms of the provisions of the bihar state university act, 1976, learned counsel submitted that the order dated 12-1-1993 as contained in the letter of the additional secretary in the department of health whereby and whereunder the petitioner's ..... deal with this aspect of the matter inasmuch as in unni krishnan's case (air 1993 sc 2178) itself the supreme court upon taking into consideration the provisions of university grants commission act, indian medical council act, all india council for teachnical education act, 1987 as also indian medical council (amendment) ordinance, 1992 with which we are concerned in this case, held (at ..... . state of bihar, (1988) 1 scc 206 : (1988) 2 scr 49 : (air 1988 sc 305), this court, when the ill equipped and mismanaged schools were taken over by an act whose validity was challenged on the anvil of article 30 of the constitution, held that even the minority institutions are subject to statutory regulations and establishment and maintenance of ..... . it was further submitted that the state of bihar should have followed the order of this court dated 27-11-1992, as quoted hereinbefore, and should not have refused to consider the matter of grant of recognition on the plea that the central government and the medical ..... special leave petition appears to have been filed against a judgment passed by learned single judge of this court .....
Tag this Judgment!Court : Patna
..... refuse to grant any relief to the petitionersexcept directing the respondents to consider their application for affiliation, if filed in accordance with the act and the statutes framed thereunder to consider and dispose of the same in accordance with law preferably within three months from the date ..... that it is submitted that this hon'ble court as well as the hon'bte supreme court has in a number of cases held that direction to allow students of unrecognised institution to sit in the examination would be in clear transgression of the provisions of the university act and regulations of the university and a direction to allow the students of such institution for taking up the examination shall ..... the terms 'affiliated colleges', 'college' and 'institution' have been defined under clauses (c), (f) and (k) of section 2 of the act and are as follows : (c) 'affiliated college' means educationalinstitution having received privileges of the university according to the provisions of this act and university statutes thereto; (f) 'college' means an institution maintained or controlled by the university or maintained by the state government in which instruction is given subject to the provisions contained in clause (16) of section 4 to the ..... academic council was not in session and, therefore, the v ice-chancellor in exercise of his power under section 10(12) of the act framed the aforesaid transitory regulationand sent it to the hon'ble chancellor for the approval.' 21. ..... officer on special duty .....
Tag this Judgment!Court : Patna
..... and on the departmental secretary producing the letter, dated 19-7-1998 plainly declaring that the petitioners will be paid their salary only from the date of their regularisation, this court disposed of the contempt proceedings by passing the following order on 20-7-1998:the secretary and additional secretary, higher education government bihar, have also personally appeared today pursuant to this ..... court's order dated 17th july, 1998 and have produced a copy of the recent instructions issued on 19th july, 1998 regarding the payment of salary of the petitioners pursuant to the ..... the full bench decision examined the true import of section 35 of the bihar universities act, 1976 in the background of the unresolved controversies of absorption of the teaching and non-teaching employees of a number of colleges made constituent units of the ..... even after allotment of the necessary funds to the college no payments were made to the petitioners and then it transpired in the contempt proceedings pending before the court that the additional secretary in the department of higher education, government of bihar had issued a fax message, asking the vice-chancellor not to make any payments to the petitioners ..... enumerated as follows:(i) the petition for special leave to appeal against the decision .....
Tag this Judgment!Court : Patna
..... of a person by vice-chancellor of sido kanhu university, on the ground that the appointment was in infraction of the provisions of section 35 of the bihar state universities act, 1976, statutes and rules inasmuch as the same having neither been made against a sanctioned post nor approved by the state government, was challenged. ..... period of one month after passing the first professional examination and on compassionate grounds, as enumerated in 1997 regulations, on receipt of the said letter, the state government having realised that it acted contrary to the 1997 regulations in effecting transfer/ migration of the aforesaid 26 students from one college to another, by order dated 12-10-1998, the notification dated 11-7-1998, whereby the aforesaid students were transferred, was ..... failing which the council will consider desirability of recommending to the central government for withdrawal of recognition of the medical college concerned, as required under section 19 of the indian medical council act, 1956 (hereinafter referred to as the act), it was candidly pointed out in the said letter that according to rules, migration/transfer from one recognised medical college to another such college was permissible upon an application filed within a ..... before apex court upon grant of special leave to ..... of candidate causing disability and disturbed conditions as declared by government in medical college area. ..... disturbed conditions as declared by government in the medical college area .....
Tag this Judgment!Court : Patna
..... aforesaid provisions the apex court held in paragraph 12 of the judgment as follows:a close, careful, and combined reading of the various sub-sections of sections 44, 45 and 58a of the act as introduced or amended by act 17 of 1976 leaves no doubt that the intendment of the legislature was to provide for two separate proceedings before two different forums and there is no conflict of jurisdiction as section 45 as amended by the amendment act, in terms curtails the ..... about initiation of proceeding for confiscation of property by the magistrate having jurisdiction to try the offence on account of which the seizure of property which is subject matter of confiscation, has been made, no court, or tribunal (other than the authorised officer, appellate authority and revision authority referred to in sections 52, 52a and 52-b) shall have jurisdiction to make orders with regard to possession, delivery, disposal or distribution of the property ..... example, a person may remove the forest produce as defined under the forest act which is also a specified forest produce under the trade act for the purposes other than the trade or transport the forest produce from a reserved area or protected area without transit permit in violation of the rules made under the forest act and in such a case the steps for prosecution as well as conviction ..... petitioners, i may mention that there is world wide awareness to protect the forest as destruction of forest will disturb the environmental and ecological balance. .....
Tag this Judgment!Court : Patna
..... act which deals with appeals, reads as follows, after the amendment made by bihar land reforms (fixation of ceiling area and acquisition of surplus land) (amendment) act, 1976 (bihar act 22 of 1976) ..... final order passed by any officer below the rank of the collector of the district while discharging the functions of a collector of the district or any other officer specially authorised in this behalf by the state government within thirty days of such an order'. ..... of the plots of land he purchased from different persons, in the area of land declared surplus in the hands of sita devi under the provisions of the act for the purpose of acquisition as per notification dated 20.5.1992 published in purnea district gazette dated 25.5.1992, the petitioner approached this court in c.w.j.c. no. ..... concedes that in view of the decision of this court in the case of sumangali kumari (supra) the petitioner's right to the application under section 37 of the act filed prior to coming into force of the bihar ..... decision in the said case this court held: the short and important question that falls for consideration in the instant case is whether after deletion of the original sub-section (3) of section 15 of the act by bihar ordinance no. ..... this court, by order dated 21.1,1993, disposed of the petition with the observation that the petitioner might file an application under section 37 of the act within three weeks from the date of receipt of copy of the order and the collector would dispose of the said .....
Tag this Judgment!Court : Patna
..... the additional advocate general ii desired an adjournment for two weeks to place the complete financial statement before the court on the allocation made and the expenditure on the subject of preservation of the ancient monuments and sites, a subject matter of much legislation, of a white paper, or a policy paper, on which the government of bihar discharges its obligation to ..... also has a state legislation, known as the bihar ancient monuments and archaeological sites, remains and art treasurers act, 1976.5. ..... monuments and sites is the homework of the department which has been specially constituted for this purpose. ..... ancient monuments and archaeological sites and remains act, 1958 such areas of historic heritage are to be cordoned off without let or hindrance, with determination, and the areas adjacent and contiguous to these sites have to be declared as a regulated, prohibited, protected area. ..... between the bigwigs and vips who are flown in for a weekend extravaganza, and that is all the interest which is shown.the allocation and expenditure figures are being hidden from the court, though asked for many times. ..... magistrate within whose area such archaeological sites lie, owes a personal moral and constitutional obligation for efforts to preserve these sites, so does the archaeological officer, under the 1958 act.9. ..... these areas are to be cleared so that ancient monuments and historical sites are protected with the same protection and tenacity as an indian woman would protect her .....
Tag this Judgment!Court : Patna
..... was not to be taken as precedent in other cases;(v) the aforesaid decision holding that 'lohars' are included in entry 22 of part iii of scheduled castes and scheduled tribes order (amendment) act, 1976 and, therefore, entitle to the benefits available to the members of the schedule tribe, are not correct decisions on the point and are hereby overruled;(vi) the decision in nityanand sharma's case is correct ..... the reasons stated above, i come to the following conclusions:(i) lohara are not covered by entry 22 part iii of the scheduled castes and scheduled tribes orders (amendment) act, 1976;(ii) in the hindi version of the act lohar has been inadvertanly mentioned and in view of conflict between english version and hindi version, the english version, shall prevail;(iii) the decision in shambhu nath's case ..... option but to hold that 'lohar' is not a scheduled tribe within the meaning of conclusion (scheduled tribes) order, 1950 as amended by constitution (scheduled castes and scheduled tribes) amendment order, 1976.the petitioners thus being lohar by caste which is a backward class and not 'lohra' or 'loharas' who are the members of scheduled tribe cannot get any benefit of the seats reserved in ..... court was given on the assumption that lohars are included in the list of scheduled tribes under 1976 act ..... has to be encouraged because for want of opportunity destitution may disturb the conscience of the society. ..... the high court, we find no ground to entertain this special leave petition. .....
Tag this Judgment!Court : Patna
..... a distinct personality which cannot be confused with the state.the claim of the writ petitioner was allowed in view of the provision of the burma shell (acquisition of undertakings in india ) act, 1976 holding that although bharat petroleum corporation has not been created by any statute, it is 'recognised by and clothed with rights and duties by the statute'. ..... whether bharat petroleum corporation falls within the ambit of the 'state' under article 12 of the constitution the supreme court held that there was no distinction between the statutory corporations and the incorporated companies for denying the claim of the ..... company limited, it was observed, after referring to several judgments of the supreme court.power under article 226 is all pervasive and there does not appear to be any reason why that power should be confined only to issue directions, or orders or writs to 'the state' as denied in article 12 and to put shackles on the power of the high court to issue such directions, or orders or writs to any person or authority, ..... appeal, held that although the writ petition was not maintainable, the high court could still grant a declaration in favour of the petitioner that the impugned ..... learned advocate general agreed that in view of the changing concepts it is open to the courts to lift the veil of corporateness where questions of control are in issue but according to him, the veil of corporateness can be lifted only in certain cases which have been enumerated in paragraph .....
Tag this Judgment!Court : Patna
..... is held that the evaluation committee was competent to finally decide the suitability of the judicial officers for his retention in service beyond the age of 58 years, in view of the procedure prescribed under rule 3(x) of the high court rules laying down the manner in which the decision to compulsory retire a judicial officer is to be effectuated, the matter had to be circulated amongst the judges and in the event of dissent or otherwise the same had to ..... in the instant case, in view of the admitted position that the decision of the committee was not circulated amongst, the judges and is a result whereof, the other judges of the court did not have occasion to consider the matter it has to be held that the impugned communication (annexure-12) directing that the petitioner had ceased to be amember of the judicial service of the state ..... court, air 1976 sc 2490 : (1976 ..... a presumption of correctness must be attach to the minutes specially when it is signed by high dignitaries and no reason has been indicated or suggested that they would make an incorrect decla ..... act on the recommendation of the high court ..... court comes to the conclusion that some action either in the nature of compulsory retirement by the imposition of a punishment, as the case may be, has to be taken against the member concerned, the high court will make a recommendation in that regard to the governor and the governor will act in accordance with the decision of high court ..... the governor will only act on the basis of .....
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