Court : Karnataka
Reported in : AIR2000Kant78; 1999(5)KarLJ467
..... section 30 provides that educational institutions established or maintained and administered by local authority as well as private educational institutions, in other words every local authority institutions and every privateeducational institutions, whether it has been established on or before the date of commencement of the education act, 1983, or intended to be established thereafter, is required to be registered in accordance with the provisions of this act and rules made thereunder, notwithstanding anything contained in any other law for the time being in force. ..... chapter vii of the karnataka education act, makes provisions in relation to the management of recognised private educational institutions and local authority institutions. ..... under chapter v of the karnataka education act, 1983 provisions have been made for classification and registration of educational institutions. ..... even under the provisions of chapter ix of the karnataka municipal corporations act, there are provisions running from sections 94 to 100, which indicate that government has power to call for records and to cause inspection to be made by the corporation records, as well as it has got power to take action in respect of ..... this also appears from the perusal of the scheme under chapter v of the act.22. .....
Tag this Judgment!Court : Karnataka
Reported in : 2005(1)KarLJ361
..... chapter 14 of the karnataka education act of 1983 provides for terms and conditions of service of employees in private educational ..... to section 53 of the karnataka education act, 1983 with regard to their power in the ..... that the petitioner has the exclusive right to appoint teachers in terms of section 46 of the karnataka education act, 1983. ..... 98(2) of the karnataka education act.22. ..... state government would support the order by contending with reference to the transfer rules and with reference to section 98 of the karnataka education act.11. ..... petitioner, the said transfer is not only in violation of the constitutional provision but is also in violation of various provisions of the karnataka education act. ..... have power to transfer on request of an employee of a college to another such college under the control of director of collegiate education in cases of hardship subject to availability of workload/vacancy, provided both the managements pass a resolution agreeing to such a transfer ..... according to the petitioner, there is no authority conferred on the government either under the act or the said grant-in-aid code to transfer teachers from one educational institution to another institution under different management without the consent of ..... dated 10-3-1997 that 'the institution cannot while claiming aid defy or violate the executive instructions issued on the subject or orders passed by the authorities pursuant to such instructions'. ..... provides for prior approval of the competent authority. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)1UPLBEC312
..... dacoity affected areas act, 1983 against the shiksha board educational authorities and the directions/orders as contained in annexures-1 ..... own son could have initiated suo motu judicial proceedings in his own court, proceeded to pass orders for production of answer books of his son and held guilty the educational authorities of the state after holding an enquiry of committal of alleged offences under indian penal code, section 340 cr pc and even guilty of committal of contempt of court ..... given in evidence in a proceeding in that court.evidently both the above conditions are not fulfilled, in this case, therefore, the notice issued by the delinquent officer against the secretary of intermediate education board, allahabad is patently self designed with the object to gain undue advantage from the authority.the delinquent officer has also lost sight of the principle that one should not be judge of his own cause. ..... respondent was only for conduct of speedy trial of the scheduled offences committed in a dacoity affected area declared as such under section 3 of the act and the scheduled offences, as defined under section 2(b) of the act which read with the scheduled attached with the act shows that it was only in relation to offences punishable under sections 216a, 302, 303, 304, 307, 308, 325, 326, 327, 329 ..... any person other than a judicial officer, or upon his own knowledge, that such offence has been committed may take cognizance of any offence subject to provisions of chapter xiv.14.3. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR922; 2000(2)KarLJ508
..... 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 noteworthy that the respondents have not ..... chapter ix of education act deals with grant-in-aid and empowers the state government to set apart within the limits of its economic capacity a sum of money for beinggiven as grant-in-aid to prevail and local authority institutions recognised for that purpose in ..... 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. ..... vires of karnataka education act, 1983. ..... the form of a statutory rule framed under the education act of 1983. ..... committed in favour of any individual or a group of individuals, the others cannot invoke the jurisdiction of the high court or of the supreme court, that the same irregularity or illegality be committed by the state or an authority which can be held to be a state within the meaning of article 12 of the constitution, so far such petitioners are concerned, on the reasoning that they have been denied the benefits which have been extended to others ..... karnataka education act, 1983 (in short, 'the education act'), came into force only on 1-6-1995 .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(5)KarLJ26
..... the above aspect, now pursuant to the provisions of the karnataka education act, 1983 (hereinafter, 'the act') which has come into force with effect from 20-1-1995, grant-in- ..... act' means the karnataka education act, 1983 (karnataka act ..... has now during the pendency of the present writ petition has framed rules, in terms of section 145 of the education act and has published the same in the karnataka gazette dated 7-9-1998. ..... appearing for the petitioner, has questioned the validity of the government order at annexure-h on various grounds, one of which is that despite the impugned order at annexure-h, educational institutions enumerated in annexure-j, which were started from the academic year 1987-88 and onwards, are still receiving government aid and therefore there is a hostile discrimination between similarly placed ..... its economic capacity, set apart a sum of money annually for being given as grant-in-aid (hereinafter in this act referred to as grant) to local authority institutions and private institutions in the state recognised for this purpose in accordance with rules made in this behalf'.6. ..... saving clause makes it clear that after coming into force of the act, the provisions contained in grant-in-aid code, by legislative fiction has to be treated as statutory rules framed for the purposes of chapter ix of the act and the same can be amended only as per section 145 of the act which requires previous publication for making the rules and that too by ..... now chapter ix of the act deals .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC3366; (2003)3UPLBEC2251
..... intermediate education act, 1921, control both the management as well as the teacher's right to terminate or resign from service. ..... in this regard learned counsel for the petitioner has placed reliance upon the following authorities :(1) 1982 uplbec 4 76 (db) ;(2) 1983 uplbec 721 (sb) ;(3) 1985 uplbec 560 (sb) ;(4) 2000 (4) awc 2767 (sb) ;4. ..... intermediate education act and it in fact waived its right to have the said notice/salary.3. ..... in fact, the latter three authorities have followed the ratio laid down in the first division bench authority of 1982, paragraph 9 of which is quoted below :'9. ..... in some of the aforesaid authorities, it has been held that if in such situation, resignation is withdrawn before the expiry of 3 months, teacher will continue to be in service. ..... petitioner filed complaints to different authorities including district magistrate, f.i.r. ..... therefore, the view of the aforesaid division bench and aforesaid single judge authorities which followed the said division bench that payment of salary is condition precedent is no more a good law in view of the aforesaid supreme court authorities.7. ..... para 8 of the supreme court authority is quoted below :'8. ..... in the last authority of 2000, it has been held that filing of writ petition itself within 3 months of giving resignation amounts to withdrawal of the resignation. ..... has also held that management was entitled to waive 3 months notice/salary, by virtue of regulation 29 (4) of chapter iii of the regulations framed under u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : (2002)3UPLBEC2665
..... of the above, this court finds :(1) the regional selection committee or the joint director of education has no authority/jurisdiction to review the order granting ad hoc promotion in favour of the petitioner vide order ..... has not been able to find out one which may have conferred jurisdiction/ authority upon any one for reviewing/sitting in appeal over the decision of the deputy director of education (ii), first region, merrut entitling the joint director of education or regional selection committee to review the earlier order dated 19.7.1995 whereby the deputy director of education had accorded approval to the ad hoc promotion of the petitioner.16. ..... be seen that eligibility criterion for ad hoc appointment by promotion remains the same as was position under rules, 1983 and it is crystal clear that concerned authority accorded approval to the ad hoc promotion of the petitioner in accordance with relevant rules in force at the relevant ..... by section 7 of the amending act, chapter iii containing section 12 was inserted which lays down procedure of selection by promotion and contemplates that there shall be a selection committee consisting of regional joint director of education-chairman; seniormost principal of government inter college in the region-member and concerned district inspector ..... education service rules, 1983 ..... rule 9-b of rules, 1983 requires that the management shall in respect of the vacancies to be filed by promotion consider the cases of such teachers who are working in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2651; JT2000(9)SC170; 2000(5)SCALE459; (2000)8SCC370; [2000]Supp2SCR171
..... the committee recommends favourably, then the grant is to be released in favour of an institution, ' from the date upon which it satisfies all the conditions for admission to grant-in-aid specified in the andhra pradesh education act, 1982 and the rules made thereunder, or the grant-in-aid code or orders or other instructions issued by the government from time to time'. ..... section 2 of this act of 1995 reads as follows:section 2: no arrears of grant-in- aid payable:notwithstanding anything contained in any judgment, decree or order of any court or other authority, or any order issued by the government or any authority subordinate to the government, no arrears of grant-in-aid shall or shall even be deemed to be payable to any private educational institution admitted to grant-in-aid in ..... to the gist of this provision but now we shall extract the same:section 46--power of government to withhold, reduce or withdraw grant (1) notwithstanding anything in this chapter, the government may, after such enquiry as they may deem fit, withhold, reduce or withdraw any grant payable to an educational institution having regard lo the funds at the disposal of the government or the conduct and efficiency and the financial condition of such institution, after giving an opportunity ..... section 43 deals with the authorities which may sanction the grant, (section 44 has been omitted in 1983), section 45 deals with the manner of submitting applications for sanction of grant and the conditions to be .....
Tag this Judgment!Court : Karnataka
..... viii) the karnataka education act, 1983 or the rules promulgated thereunder do not authorize prescription of any ..... issued under section 133 read with sections 7(2) & (5) of the karnataka education act, 1983 (hereafter 1983 act ) provides that, the students should compulsorily adhere to the dress code/uniform ..... four sources of mahomedan law, namely, (1) the koran; (2) hadis, that is, precepts, actions and sayings of the prophet mahomed, not written down during his lifetime, but preserved by tradition and handed down by authorized persons; (3) ijmaa, that is, a concurrence of opinion of the companions of mahomed and his disciples; and (4) qiyas, being analogical deductions derived from a comparison of the first three sources when they did not ..... law, religious freedoms and education in europe is edited by myrian hunter-henin; mark hill, a contributor to the book, at chapter 15 titles his paper bracelets, rings and veils: the accommodation of religious symbols in ..... b.r.ambedkar in his book pakistan or the partition of india (1945) at chapter x, part 1 titled social stagnation wrote: a woman (muslim) is allowed to see only her son, brothers, father, uncles, and husband, or any other near relation who may be ..... principal for violating instruction enumerated under chapter 6 heading of important information of 18 guidelines of pu department for academic year of 2021-22 same at annexure j for maintaining ..... therefore drawn from the above publication the quran is divided into suras (chapters). .....
Tag this Judgment!Court : Karnataka
..... viii) the karnataka education act, 1983 or the rules promulgated thereunder do not authorize prescription of any ..... issued under section 133 read with sections 7(2) & (5) of the karnataka education act, 1983 (hereafter 1983 act ) provides that, the students should compulsorily adhere to the dress code/uniform ..... four sources of mahomedan law, namely, (1) the koran; (2) hadis, that is, precepts, actions and sayings of the prophet mahomed, not written down during his lifetime, but preserved by tradition and handed down by authorized persons; (3) ijmaa, that is, a concurrence of opinion of the companions of mahomed and his disciples; and (4) qiyas, being analogical deductions derived from a comparison of the first three sources when they did not ..... law, religious freedoms and education in europe is edited by myrian hunter-henin; mark hill, a contributor to the book, at chapter 15 titles his paper bracelets, rings and veils: the accommodation of religious symbols in ..... b.r.ambedkar in his book pakistan or the partition of india (1945) at chapter x, part 1 titled social stagnation wrote: a woman (muslim) is allowed to see only her son, brothers, father, uncles, and husband, or any other near relation who may be ..... principal for violating instruction enumerated under chapter 6 heading of important information of 18 guidelines of pu department for academic year of 2021-22 same at annexure j for maintaining ..... therefore drawn from the above publication the quran is divided into suras (chapters). .....
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