Court : Supreme Court of India
Reported in : AIR1979SC83; (1979)1SCC23; [1979]1SCR609; 1978(10)LC761(SC)
..... in the judgment under appeal the high court has said that although girls school has been defined in rule 6 of chapter ii of the rules, a boys' school is not defined either in the kerala education act, 1958, hereinafter to be referred to as the act, or in the rules, since only boys were admitted in the school for a long time the self-imposed restriction by the management made it a ..... nor was our attention drawn to any provision enabling the educational authorities to force the school authorities to admit girls in a school where they don't want ..... appellant, thereupon, challenged the orders of the educational authorities by filing a writ petition in the high ..... open to the director to exempt a particular institution from this rule meaning thereby that if the school authorities so want, they may run the school for the admission of the boys or the girls only. ..... vincent's high school, kaniyapuram the school in question, was not opened as a mixed school, that is to say, for imparting education both to boys and girls and that 'the school had been running purely as a boys' school for the last more than ..... the authorities of the school could be prevented from admitting the girls in the school under rule 12(iii) of chapter vi of the rules, even though a separate building has been constructed for them in ..... if the successor school authorities wanted to depart from the self-imposed restriction, they could only be prevented from doing so on valid, legal and reasonable grounds ..... to the authorities of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC49; JT1988(4)SC613; 1989(1)KLT141(SC); 1988(2)SCALE1247; (1988)4SCC669; [1988]Supp3SCR94
..... the respondents are not-entitled to the issue of a writ of mandamus because firstly they had unauthorisedly opened new schools in contravention of section 3(5) without obtaining the government's permission under rule 11 chapter v and secondly the proceedings under chapter v had reached only the second stage of passing of an order under rule 2a(5) and had not reached the third stage of permission being granted under rule 11 whereafter only the respondents would acquire 'legitimate-expectation ..... the fourth stage is envisaged under rule 14 and it consists of the educational agency permitted under rule 11 to report to the educational authorities the factum of the opening of the school and the fulfilment of the conditions set out in the order and the names and qualifications of the staff etc. ..... . poti that the secretary to government, education department had pointed out in january 1983 about the inadvisability of opening new schools and about many of the applicants failing to satisfy most of the required conditions for opening new schools but in spite of it the education minister had acted in a cavalier manner in passing the order of sanction under ex ..... but the result is the same in either case: absence of legitimate expectation will absolve the public authority from affording a hearing.for the purpose of natural justice the question which matters is not whether the claimant has some legal right but whether legal power is being exercised over him to his disadvantage. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2974; JT2006(7)SC562; 2006(8)SCALE222; (2006)11SCC92
..... education act, 1972, but was an ..... manager, for which you have neither submitted any evidence nor your explanation.as far as the question of your orders of reinstatement issued by the district basic education officer vide his letter dated 10.10.2001 is concerned, the same has been considered ex-parte and beyond his jurisdiction, therefore, the same have been cancelled vide his letter no. ..... or award (a) of a tribunal court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any uttar pradesh act or under any central act, with respect to any of the matters enumerated in the state list or the concurrent list in the seventh schedule to the constitution, or (b) of the government or any officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any ..... . dubey, zilla basic siksha adhikari, etah, in which a preliminary objection has been taken that this appeal is not maintainable because under chapter viii rule 5 read with chapter ix rule 10 of the allahabad high court rules, the writ petitioner had to exhaust the remedy of a special appeal before the division bench and without exhausting ..... . 1 & 2 in the counter affidavit that under chapter viii rule 5 read with chapter ix rule 10 of the allahabad high court rules a special appeal lies against ..... chapter viii rule 5 and chapter ix rule 10 of the allahabad high court rules read as under: .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker58
..... a boys' school but only for a high school and so in the absence of any restriction in the order of sanction regarding admission of girls the school is a mixed school for the purpose of the kerala education act and rules and the petitioner is entitled to admit girls also in the school. ..... original sanction was to open mixed school, that the school was being run purely as a boys' school for the last more than 25 years, that there is also facility for the education of the girls of the locality in the nearby girls' school situated within a radius of one mile and that therefore the request of the manager is refused. ..... not be under any order of the educational authorities and can be self-imposed by the management ..... that admission of girls in schools is part of the administration of the institution and so the manager's right to admit girls in the boys' schools cannot be interfered with by the educational authorities. ..... from this it follows that the order of the district educational officer directing the head of the institution to see that girls are not admitted in the school is not improper or illegal.5, faced with this situation and possibly anticipating the courts' decision the petitioner has amended the original petition to include a prayer to strike down rule 12 (iii) of chapter vi, kerala education rules, on the ground that it violates article 30(1) of the constitution which ..... there are girls' schools in the same area the authorities can refuse permission to admit girls in a boys' school .....
Tag this Judgment!Court : Kerala
Reported in : [2002(93)FLR503]
..... provisions contained in sub-rule (1) of rule 44, the minimum service qualification for appointment as headmaster, in aided complete high schools/training schools shall be twelve years of continuous graduate service with pass in the test in the kerala education act and the kerala education rules and a pass in account test (lower) conducted by kerala public service commission. ..... the supplementary list during a school year, showing the names of teachers appointed and got approved by the controlling officers, shall be sent by the educational agency to the authority competent to approve the list with copies to all sub controlling officers concerned before 31st may, every year. ..... so, for the purpose of rule 37(1) of chapter xiva, kerala education rules, a protected teacher is having continuous service in the same grade, but in another unit retaining the lien in the parent school. ..... note 2 of rule 35a of chapter xiv a (a) of the kerala educational rules mandates that the seniority list shall be made as on the 1st day of january of every year. ..... it is further pointed out that the third respondent did not have the requisite continuous service of 12 years as stipulated in rule 37(1) and 44(4) of chapter xiv a of the kerala education rules. ..... the claim projected is that the respondents-teachers can claim continuous service from 20th october, 1987 only, and in view of rule 37(1), chapter xiva of the kerala education rules, the petitioner was to be adjudged as senior to them. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT29
..... however, for anglo indian community separate rules have been framed by the state section 2(5) of the kerala education act defines 'minority schools' to mean schools of their choice established and administered by such minorities as have the right to do so under clause (1) of article 30 of the constitution ..... for the records of the case, revise any order passed by a subordinate authority in respect of matters contained in this chapter which is made or is appealable under these rules :- (a) confirm, modify or set aside the order; (b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order; (c) remit the case to the authority which made the order or to any other authority directing such further action or enquiry as they consider proper in the circumstances of ..... division bench had opined that since no proper guidelines have been laid down by the rule making authority uncanalized and unguided powers have been exercised by the department while considering the question of approval of the manager ..... notwithstanding anything contained in these rules, government may on their own motion or otherwise, after calling for the records of the case revise any order passed by a subordinate authority which is made or is appealable under these rules, confirm, modify or set aside the order.' '92. ..... the minority community is entitled to appoint managers of their choice the statutory provision only stipulates that they should get approval of the educational authorities. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR812
..... of the said provisions, subject to the question which we will presently consider whether the rules are directory or mandatory, the public servant would have a right to challenge the decision of that authority.so also in the instant case, when the primary education act does not specifically provide for execution of the order that may be passed, but equally provides for the procedure as the state government may by general order direct to follow and when ..... every inquiry or investigation by the tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code.if one reads the whole of the bombay primary education (gujarat amendment) act, 1986, and in particular chapter vii-b, which provides for procedure for imposition of penalty on teachers of recognised private primary schools, it only provides for the jurisdiction of the tribunal under section 40e and constitution of tribunal under section ..... [under section 40-f and section 39 respectively of the above acts, the tribunals are established to resolve the disputes mentioned in sections 40e and 38 respectively of that acts](3) the gujarat higher secondary schools service tribunal under gujarat higher secondary school services tribunal act, 1983 and gujarat higher secondary school services tribunal (procedure) regulations, 1985 (it is not known whether the said regulations are published or not, though the same are sent to gujarat government, central .....
Tag this Judgment!Court : Chennai
Reported in : (1956)1MLJ25
..... opportunity of making any representation to the university before the cancellation of the certificate or before he received the order of the principal directing him to quit the college, and that the revocation of the certificate acted upon in good faith by the petitioner and the principal without notice to the petitioner and without giving him an opportunity of showing cause against contemplated revocation was opposed to all principles of natural justice, and ..... be held that he was wrongly admitted, and now that the mistake has been discovered, he cannot be permitted to continue the course any longer, he relies on the categorical and mandatory provision in paragraph 1 of chapter xxxv that no person shall be permitted to enter upon a university course of study for the first time, unless he gets his name registered in the register of matriculates maintained by the syndicate. ..... book was not scored out by the secretary to the board of secondary education before it was issued to the petitioner, that later it was found on scrutiny that the petitioner did not satisfy the rules of eligibility, that as the petitioner had not been declared eligible by the duly constituted authority he could not be admitted to the university course of study, and that the petitioner could not take ..... book, by itself, constituted the declaration of eligibility prescribed by ordinance 1(a) of chapter xxxiv, and that the university had jurisdiction to correct a mistake that had been committed in the issue .....
Tag this Judgment!Court : Chennai
Reported in : (2002)3MLJ351
..... the result of our discussion is that section 12 of the delhi school education act which makes the provisions of chapter iv inapplicable to unaided minority institutions is discriminatory and void except to the extent that it makes section 8(2) inapplicable to unaided minority institutions. ..... expression 'private school' in tamil nadu recognised private schools (regulation) act, 1973, which is as under: '2 (7) 'private school' means a pre-primary, primary, middle or high school or higher secondary school or any other institution imparting education or training, established and administered or maintained by any person or body of persons, and recognised by the competent authority under this act but does not include a school or an institution- (a) imparting technical or professional education; (b) established and administered or maintained by the central government or the ..... state government or any local authority; (c) maintained or approved by, or affiliated to, any university established by law; or (d) giving, providing or imparting religious .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC1105,JT2010(3)SC75,2010(2)SCALE1,(2010)2SCC497
..... the minorities under article 30(1) is evident from the fact that chapter iv applies to aided minority institutions and it cannot for a moment be suggested that surrender of the right under article 30(1) is the price which the aided minority institutions have to pay to obtain aid from the government.the result of our discussion is that section 12 of the delhi school education act which makes the provisions of chapter iv inapplicable to unaided minority institutions is discriminatory and void except ..... institution, is permissible;(emphasis supplied) in that case, the question was whether the conferment of a right of appeal to an external authority like the vice-chancellor of the university under ordinance 33(4) framed by the syndicate of the university of kerala under section 19(j) of the kerala university act, 1957 against any order passed by the management of a minority educational institution in respect of penalties including that of suspension was an abridgement of the right of administration conferred on the minorities under article 30(1) ..... in other words, chapter iv of the act except section 8(2) is applicable to private recognized aided as well as unaided minority educational institutions and the concerned authorities of the education department are bound to enforce the same against all ..... (ii) section 12 of the act, which makes the provisions of chapter iv of the act inapplicable to unaided private recognized minority educational institutions is discriminatory except to extent .....
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