Court : Karnataka
Reported in : AIR2000Kant78; 1999(5)KarLJ467
..... 3 of the karnataka education act, 1983 also provides that subject to sub-section (3) of section 2 the state government may regulate general education, professional education, medical education, technical education, commerce education and special education at all levels in accordance with the provisions of this act. ..... karnataka education act, 1983 is an act which aims to provide for better organisation, development, discipline and control of educational institutions in the state as well as to provide for planned development of educational institutions, inculcation of healthy education practice, maintenance and improvement in the standards of educational and better organisation, discipline and control over educational institutions in the state with a view to fostering the harmonious development of the mental and physical faculties of students and cultivating a scientific and secular outlook through education.21. ..... of it the salaries were paid as well to the teachers of that high school and that the conditions of service of the teachers of that school including respondent 1 were governed by the karnataka state education act, 1983, karnataka municipal corporations act, 1976 and the grant-in-aid code for secondary schools conduct rules, 1966. ..... has further alleged that the salary was being paid by government, service conditions governed by the karnataka education act, 1983, karnataka municipal corporations act, 1976 and the grant-in-aid code for secondary schools conduct rules, 1966. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR3425; 2000(6)KarLJ474
..... must be now seen whether the appeal filed by the present revision petitioner before the appellate tribunal under the provisions of section 94 of the karnataka education act, 1983 is maintainable in the absence of an order of dismissal or removal or reduction in rank of the petitioner, passed by the management of the ..... the appeal by the impugned order holding that the appeal is not maintainable, as the a1 ameen medical college, bijapur, is affiliated to karnatak university, dharwar and is governed under the provisions of karnataka state universities' act, 1976 and therefore the provisions of the karnataka education act, 1983 are not applicable to the said institution as is clarified under the provisions of section 1(3)(iv)(d) of the karnataka ..... since, there is no specific provision either under the indian medical council act, 1956 or under the karnataka state universities act, 1976 providing a remedy for an employee, against whomdisciplinary action is taken by the management, in my view, the provisions of the karnataka education act, 1983 are applicable to the employees of a1 ameen private medical college, bijapur, which is a ..... merits of the matter, i find it necessary to consider the arguments advanced by the learned counsel for the respondents on the maintainability of these proceedings before the appellate authority under the provisions of karnataka education act, 1983 and the correctness of the findings recorded by the appellate tribunal that the appeal is not maintainable.8. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR922; 2000(2)KarLJ508
..... karnataka education act, 1983 (in short, 'the education act'), came into force only on 1-6-1995 more than a decade after it was enacted. ..... something drastic and immediate therefore needs to be done to prevent what may very soon explode as the scam of the millennium.karnataka education act, 1983 is a fairly elaborate piece of legislation. ..... (4) is rule 3 of the 1998 rules, ultra vires of karnataka education act, 1983. ..... that decision has from the year 1998 taken the form of a statutory rule framed under the education act of 1983. ..... the aggrieved institutions can in the event of any such deliberate delay seek redress either at the administrative level or by recourse to proceedings under the education act.coming then to the question whether there has been any deliberate delay or omission on the part of the competent authority in the cases referred to above and whether this court need to intervene and issue directions, it is ..... whether established before or after the enforcement of the act, is required to get itself registered, the classification and registration rules, 1997 provide that institutions must comply with the requirement of rules 4, 5, 6 and 9 of the earlier mentioned rules which prescribe the norms for accommodation and other facilities.section 53 of the education act, empowers the government to withhold, reduce or withdraw grant in case the institution fails to fulfil all or any one of the conditions stipulated .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant329; ILR2001KAR2506; 2001(4)KarLJ444
..... order to make this constitutional guarantee more meaningful, the government of karnataka after enacting the education act, 1983, had constituted a committee to recommend further steps to achieve the object. ..... as the above was the situation prevailing, the state government felt that it is necessary to improve the standard of educational set up in karnataka and as a step in aid in this behalf, it framed various rules under the karnataka education act, 1983, which was brought in force. ..... not in dispute that the constitutional validity of the karnataka education act, 1983 has been upheld. ..... is not as if the education act has not postulated such a ..... part of the report has been extracted in the writ petition:'in regard to compulsory primary education, there is already in force in a karnataka compulsory primary education act. ..... the education act, stood supplemented by the provisions of the grant ..... reads as follows:'in case of recognised private unaided institutions tuition fees may be collected from all the students which shall be commensurate with the expenditure incurred towards salary of staff and the quality of education provided by the institution'.2, in the guise of applying these rules, each institution was levying fees as it suits them. ..... any rule is to be framed in exercise of the power under section 145(2)(xix) of the act, then the fixation of fees should render it possible for any willing parent to educate his sibling in an institution which foster the development of such an institution. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4043
..... the state of karnataka purporting to exercise its power under section 145 of the karnataka education act, 1983, has framed what is known as the karnataka education institutions (classifications, regulation & prescription of curricula etc) rules, 1995 and enforce these rules in respect of kindergartens, play homes, and ..... karnataka education act, 1983 was passed by the state legislature having felt the necessity for providing planned development of educational institutions, inculcation of healthy education practice; maintenance and improvement in the standard of education, and; for better organisation and discipline and control over educational institutions with a view to fostering a harmonious development ..... of the purpose under section 3(1)(2)(j) extracted above of the education act is to confer on the state government the authority to establish either by itself or permit private institutions to establish pre-primary education (pre-primary education has been defined by rule 2(b) to include kindergartens, ..... he also read section 3(2)(j) of the education act providing for establishing and regulating pre-primary education and submitted that, by a conjoined reading of the definition clauses the rules and section, it is clear that the intention of the legislature is only to regular the educational institutions which are not 'pre-primary' in nature as pleaded, and no educational activity will be conducted while a student is admitted to pre-primary course and the only activity that is .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR3669; 1996(7)KarLJ664
..... alleging violation of fundamental rights, particularly, articles 14, 19(1)(c) and (g), 29(1) and 30 of the constitution, the petitioners who have privately owned, managed and run unaided schools have challenged the constitutional validity of various provisions of karnataka education act, 1983 (hereinafter called the 'act'). ..... person or body of persons registered in the manner prescribed institutions established or maintained and administered by any person or body of persons registered in the manner prescribed.section 30 provides that save as otherwise provided in the act, every local authority, institution and every private educational institution established on or before the date of commencement of this act or intended to be established thereafter, shall notwithstanding anything contained in any other law for the time being in force, be registered in accordance with this ..... in order to accomplish education a constitutional obligation, the state decided to pass the act called 'karnataka compulsory primary education act, 1961' which provided compulsory education upto 7th standard. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR23; 2007(1)KarLJ681; 2007(1)KCCR270; 2007(3)AIRKarR96(DB)
..... the challenge against the order of the learned single judge is rejected:2) if the appellant wishes to file any appeal against annexure-'l' order before the first respondent-government of karnataka under section 130 of karnataka education act, 1983, he shall file the appeal within a period of one month from today. ..... section 130 of the karnataka education act, 1983 provides that any person or governing council, aggrieved by an order passed by an officer or authority under the act may within the prescribed period prefer an appeal to the prescribed ..... single judge also held that alternate remedy is available to the petitioner under the karnataka education act, 1983. ..... considered the materials placed on record, we agree with the learned single judge that the petitioner/appellant has got an effective alternate remedy against annexure-'l' order passed by the director of pie-university education and therefore, the petitioner/appellant should first resort to such alternate remedy before invoking the jurisdiction of this court under article 226 of the constitution of india. ..... authority as well as the period for preferring an appeal have been prescribed as per the karnataka educational institutions (appellate authority) rules, 1998. ..... pendency of the writ petition, the 5th respondent was appointed as lecturer in political science in the 4th respondent college and the approval was granted to the said appointment by the director of pre-university education as per annexure-'l' order dated 3.6.2003. .....
Tag this Judgment!Court : Karnataka
Reported in : 2001(1)KarLJ116
..... 36 of 1996, dated 25-10-1996 allowing the application under section 96(3)(c) of the karnataka education act, 1983, and granting stay of an order passed by the petitioner herein in no. ..... the object of the karnataka education act, 1983 reads as follows: 'an act to provide for better organisation, development, discipline and control of the educational institutions in the state. ..... dealt within; (a) the indian medical council act, 1956 (central act, cxi of 1956); (b) the dentists act, 1948 (central act xvi of 1948); (c) the pharmacy act, 1948 (central act viii of 1948); (d) the karnataka state universities act, 1976 (karnataka act 28 of 1976); (d-a) the all india council for technical education act, 1987; (d-b) the national council for teacher education act, 1993 (central act 73 of 1993); (e) the karnataka ayurvedic and unani practitioners' miscellaneous provisions act, 1961 (karnataka act 9 of 1961); and(f) the karnataka homeopathic practitioners ..... in the revision petition is: 'whether an industry which is also having certain training programme for training certain persons for recruitment for its own purposes and for training them for outside job elsewhere would be an 'educational institution' within the meaning of the karnataka educational act, 1983 (act 1 of 1995)?'5. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR1896; 2002(4)KarLJ59
..... the us are governed by the provisions of the karnataka education act, 1983 ('act' for short). ..... the first respondent society is a 'termination simpticiter' and if for any reason, petitioners are aggrieved by the said order, they have to necessarily approach the appropriate authorities as provided under the provisions of karnataka education act, 1983 for redressal of their grievances. ..... orders made by me as well as by a division bench of this court to suggest that writ remedy is not available to the petitioners at this stage and necessarily they have to choose a forum as provided under the provisions of karnataka education act, 1983.14. ..... any reason, petitioners are aggrieved by the said order, they have to file an appropriate appeal/revision before the appellate authority/state government as provided under sections 130 and 131 of the karnataka education act.per contra, learned counsel sri prabhuling navadgi appearing for the petitioners submits that the remedy provided under section 130 of the karnataka ..... now what remains is whether petitioners can file a revision before the state government as provided under section 131 of the act?under section 131 of the act, the state government may entertain a revision petition either suo motu or on an application from any person interested and thereafter call for and examine the records of an educational institution or of any authority, officer or person in respect of any administrative or quasi-judicial decision or order, not being a proceeding .....
Tag this Judgment!Court : Karnataka
Reported in : 2003ACJ1871; AIR2004Kant1; ILR2003KAR4155
..... are not amenable to the revisional jurisdiction under section 115 of cpc.motor accident claims tribunal (mact) established under the motor vehicles act, the education appellate tribunal (eat) established under kpei (d & c) act, 1975, now the karnataka education act 1983 and railway claims tribunals (rct) established under railway claims tribunal act, 1987 are not subordinate to high courts for the purpose of section 115 cpc.since neither section 115 nor section 3 of the ..... the question referred is:'are tribunals established under the motor vehicles act, the karnataka private education (discipline and control) act, 1975 now the karnataka education act, 1983, and the railways claims tribunals act, courts subordinate to the high court for purpose of section 115 of the code of civil procedure?held(d) railways claims tribunal is not an ordinary course of civil judicature but a tribunal ; railways claim tribunal is not a court subordinate to ..... (f) eat is not a court subordinate to high court for exercising power of revision under section 115 cpc -- the view taken in 'excellent educational society v. ..... (e) the tribunals (mact) established under the mv act rules are not empowered to exercise all the powers of established civil courts excepting under certain provisions of the cpc -- mact, is not a court subordinate to high court so as to maintain a revision petition under section 115 cpc. .....
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