Court : Allahabad
Reported in : 2004(4)AWC2945
Sunil Ambwani, J.1. Heard Sri Ashok Khare assisted by Sri R. C. Dwivedi for petitioner and Sri B. D. Mandhyan assisted by Sri Satish Mandhyan for respondent No. 7.2. Brief facts giving rise to this case are that the Panchayat Inter College, Bodarwar, District Kushi Nagar is an educational institution recognised under the U. P. Intermediate Education Act, 1921. The salary of teachers and other employees is paid and regulated by U. P. High School and Intermediate Colleges (Payment of Salaries to Teachers and Other Employees) Act No. 24 of 1971. Sri Krishna Murarl Shukia, the Principal of the college retired on 30.6.2002. The petitioner as a seniormost lecturer in the college was asked by the District Inspector of Schools to officiate as Principal. He started officiating as Principal w.e.f. 1.7.2002 and his signatures were attested. The last elections of the Committee of Management of the college were held in 1988. It is contended by the petitioner that thereafter no elections were held a...
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2716; (2000)ILLJ651All
S.R. Singh, J.1. Appeal on hand, stems from the Judgment and order dated 14.5.1999 passed by the learned single Judge dismissing the writ petition filed by the petitioner the challenge in which was focussed on the order dated 26.10.1998 passed by the Labour Commissioner, U. P., Kanpur in exercise of the power conferred by the proviso to Rule 25 (2) (u) (a) of the U. P. Contract Labour (Regulation and Abolition) Rules, 1975.2. At the very threshold, Sri Ram Niwas Singh, learned counsel appearing for the second respondent made a preliminary submission stating that the appeal under Chapter V11I ; Rule 5 of the Rules of Court was not maintainable. The quintessence of his submission is that the LabourCommissioner while exercising the power under Proviso to Rule 25 (2) (u) acts as Tribunal' and, therefore, the udgment and order of the learned single Judge made in the writ petition wherein the order of the Labour Commissioner (Tribunal) was under ihallenge, would not be appealable. Sri Tarun ...
Tag this Judgment!Court : Allahabad
Reported in : AIR2001All63; (2001)1UPLBEC44
A.K. Yog, J.1. All these petitions were clubbed and heard together as jointly agreed by the learned counsels for the parties. Salient facts of the cases are not disputed.2. These petitions have been filed by certain students, registered bonafide students of the University of Allahabad (called the 'University') and its affiliated Colleges (called the 'Colleges') being aggrieved due toinaction of the Respondents in the matters of 'unfair means cases' and failing to discharge their statutory obligation under Uttar Pradesh State Universities Act, 1973 (called the 'Act, 1973') due to pendency of criminal proceedings under The U.P. Public Examinations (Prevention of Unfair Means) Act, 1998 (called the 'Act, 1998') and as a consequence thereof these students being prevented from further pursing their respective academic studies.3. These Petitioners are charged of using means while appearing in their respective examination conducted by the University / Colleges. First Information Reports have ...
Tag this Judgment!Court : Allahabad
Reported in : (2000)1UPLBEC37
D.K. Seth, J.1. The petitioner was appointed as a Lecturer of Physhology on 25th June, 1980 pursuant to his selection. The added respondent No. 3 Sri Ram Prakash Katiyar was also a candidate in the selection. He secured the second position after the petitioner. The respondent No. 3 raised an objection that the petitioner was related to the Principal of the school. The District Inspector of Schools there-upon asked the Principal to clarify as to whether the allegations made by the respondent No. 3 was correct or not. But the Principal did not give reply to the said letter. Thereafter by order dated 1st November, 1980 the District Inspector of School had stopped the payment of salary to the petitioner. The petitioner moved this Court in a writ petition No. 109031 of 1980 against the said order dated 1st November, 1980. The said writ petition was disposed of by an order dated 7th August, 1991 directing the District Inspector of Schools to sent all relevant papers to the Director of Educat...
Tag this Judgment!Court : Delhi
Reported in : AIR1985Delhi142; ILR1985Delhi649
Prakash Narain, J. (1) The petitioner a young boy. a minor, approaches this Court through his father Major D. R. Kapoor. for issue of a writ of certiorari or in the nature of certiorari, mandamus or in the nature of mandamus, or any other appropriate writ or order or direction to the respondent for quashing or setting aside the result in regard to the petitioner in paper 2 in English language and or a direction to declare the petitioner as having passed in both the English papers and awarding of a pass certificate showing that he has passed class-X examination conducted by Respondent No. 1 in 1984.(2) The petitioner joined the Cambrian Hall School, at Dehra Dun in 1981. He was a boarder and had been residing in She school hostel. He had been well in his studies and had won several prizes and awards. In March 1984 the petitioner took the Indian School Certificate Examination conducted by the first respondent. Council of Indian Schools Certificate Examination at Centre No. T 353 at Dehra...
Tag this Judgment!Court : Kerala
Reported in : 2009(2)KLJ721
K. Baiakrishnan Nair, J.1. The point that arises for decision in this case is the validity of termination of a teacher by the Manager of a recognised, but unaided school. The appellants are respondents 3 and 4 in the writ petition. They are respectively the Manager and Headmaster of St. Joseph's Model High School, Kuriachira, Thrissur.2. The brief facts of the case are the following:-The first respondent herein was appointed as a probationary teacher in the first appellant's school by Ext.Pl order dated 5.8.1997 for the period from 5.8.1997 to 31.3.1998, According to the first respondent, even after the term in Ext.Pl, he continued in service. While so, he was issued with Ext.P2 certificate dated 10.8.1998 to enable him to apply for appointment elsewhere. According to him, he continued in the said school till he was terminated from service during the academic year 1999-2000. It was done to accommodate another person in his place. Aggrieved first respondent/petitioner, therefore, prefer...
Tag this Judgment!Court : Chennai
Reported in : AIR1999Mad164
ORDERS.S. Subramani, J.1. Petitioner seeks issuance of writ of certiorarified mandamus, calling for the order of 1st respondent F. No. 732-52-046/ (NDEG)/ ET/97 dated 17-6-1998 in so far as it grants approval for stalling Saranathan College of Engineering at Dindigul Road, Tiruchirappalli-1, i.e. in the premises of the National College, Trichy-1 and to quash the same, and direct the respondents not to grant approval for carving out of the properties of the National College, Trichy-1 to start a self-financing private Engineering College, except by process of law, and pass such further or other orders as this Court may deem fit and proper.2. The writ petition is filed by an Association of University Teachers of the National College Unit represented by its President.3. National College, Tiruchirappalli is a private aided college, and the same is governed by the Tamil Nadu Private Colleges (Regulation) Act, 1976. The National College is governed by the National College Council which is the...
Tag this Judgment!Court : Chennai
Reported in : AIR1941Mad878
Leach, C.J.1. The petitioner is the head of an ancient and well-known math, the Tiruvannamalai Math at Kunnakudi. As head of the math he is the trustee of a group of five temples, known as the Anjukovil Devasthanams, Kunnakudi. The Madras Hindu Eeligious Endowments Board, the respondent (hereinafter referred to as 'the Board') has notified these temples under Chap. 6-A, Madras Hindu Eeligious Endowments Act, 1926, with the object of taking the management of them out of the hands of the petitioner and placing it in the hands of an officer of its own choosing. The petitioner complains that in taking action under chap. 6-A, the Board has not acted bona fide, but in abuse of its powers, and asks the Court in certiorari proceedings to quash the orders of the Board which have resulted in the notification of the temples. A rule nisi has been issued and the Court has now to consider whether the rule should be made absolute.2. From time immemorial the head of the Tiruvannamalai math has been th...
Tag this Judgment!Court : Kerala
Ramachandran Nair, J. 1. Appellant is an educational agency which is running a school forthe last around 70 years. The school was initially started as a combinedUpper Primary and High School which was in the Aided sector whereinsalary is paid by the Government to the staff and teachers. When Pre-degree was abolished, Government allowed the appellant-school to beupgraded to Higher Secondary School with Standards 11 and 12 whichis also given in the Aided sector i.e. by Government funding forpayment of salary to staff and teachers.Twenty years back theappellant started Kindergarten sections and also Primary School in theUnaided sector i.e. without any Government assistance for payment ofsalary to staff and teachers. The self-financed Primary school run bythe appellant which has around 500 students is the only EnglishMedium school in a village area in the backward District of Alleppey.The advantage for students in the appellant's school is that from LowerKindergarten to 12th Standard they ...
Tag this Judgment!Court : Allahabad Lucknow
Dr. D.Y. Chandrachud, C.J. The present reference before the Full Bench has been occasioned by a referring order of a Division Bench dated 24 November 2014. The Division Bench noticed that there was a conflict between the decisions of the Division Benches in State of U P Vs Om Prakash Verma1 and Rajesh Yadav Vs Director of Education (Madhyamik), U P, Allahabad2. The Division Bench was of the view that the field was covered by a judgment of a Full Bench in Gopal Dubey Vs District Inspector of Schools3. However, the Division Bench thought it appropriate to refer the matter to the Full Bench since the judgment of the earlier Division Bench in Rajesh Yadav (supra) had considered both the earlier decisions in Om Prakash Verma as well as the judgment of the Full Bench in Gopal Dubey. Accordingly, the following questions of law have been referred for decision: (1) Whether in the absence of any sanctioned post, can a direction in the exercise of powers under Article 226 of the Constitution of I...
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