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Smt. Renuka and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : 1999(2)KarLJ318

..... the said code, after coming into force of the karnataka education act, 1983 (in short, the 'act') by statutory fiction contained under section 146(3) of the act, has acquired statutory status. ..... the management fails to discharge this statutory obligation then the government under the grant-in-aid code as well as under the provisions of the education act, has been amply empowered to take appropriate course of penal measures against the institution for enforcing their obligations.18. ..... the state government shall within the limits of 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. ..... the state government, under its impugned order dated 17-6-1995 (annexure-c), after clearly noticing in the preamble of the order that the zilla parishad had no authority to admit the institution to grant-in-aid, passed the impugned order at annexure-c.4. ..... now, chapter-dc in the act has been incorporated keeping in view the aforesaid very object under the heading 'grants-in- ..... the rules for the purpose of chapter dc of the act. ..... as found in the chapter-i of the code, the government had followed thepolicy of giving grant-in-aid to primary schools, under private managements and local bodies in order to achieve the well professed object of extending and improving secular instructions in .....

Sri Ramanjaneyaswami Vidya Saunsthe, Kumbaloor, Honnali Taluk, Shimoga ...

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 .....

Adivasi Shikshana Prasaraka Mandal, Aurad(B), District Bidar Vs. State ...

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 .....

Sreedevi Amma Vs. Radha Devi

Court : Kerala

Reported in : 2005(2)KLT796

..... the statutory authorities under the kerala education act and rules have held in favour of the first ..... the unfortunate fate of the school in question is that, in view of the disputes between the participants in the educational agency, at that time there appears to have been an arrangement whereby there would be a change of management between rival groups during every financial year (academic ..... ext.p10 is an order granting leave without allowances to the first respondent in relaxation of rule 56(4) of chapter xiv(a) of kerala education rules with permission to take up appointment abroad subject to the condition that 'the period of leave without allowances will not be reckoned for any service benefits including pension and the fact recorded as such in ..... it is stated in the impugned ext.p4 order of the deputy director of education that the seniority list shows that the first respondent is senior to the ..... two years before the petitioner entered service, the first respondent had applied for and obtained leave for a spell of five years from 1.2.1978 to 31.1.1983 for serving abroad, which leave was granted as leave without allowances. ..... so far as leave is concerned, kerala state and subordinate service rules apply to those governed by kerala education rules. ..... ext.p10 government order, cessation of service contemplated under rule 56(4) of chapter xiva k.e.r. ..... was followed by yet another spell of leave granted as per ext.p10 government order on 10.6.1983 with effect from 1.2.1983 to 31.1.1986. .....

Brij Kishore Pachauri Vs. District Inspector of Schools and ors.

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. .....

Cannon Vs. University of Chicago

Court : US Supreme Court

..... ix in its present form, in fact, congress passed over an alternative proposal, offered by senator mcgovern as an amendment to the higher education act of 1965, that was phrased quite differently -- as a simple directive to the secretary of hew: "prohibition against sex discrimination" "sec. ..... that provision authorizes attorney's fees to the prevailing party other than the united states upon the entry of a final order by federal court "against a local educational agency, a state (or any agency thereof), or the united states (or any agency thereof), for failure to comply with any provision of this chapter" -- which ..... act, expressly preserves preexisting private remedies against discrimination "in public education," which would include the remedies provided by 1983. ..... a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, title ix [of the education amendments of 1972], or in any civil action or proceedings, by or on behalf of the united states of america, to enforce, or charging a violation of, a provision of the united states internal revenue code, or title vi of the civil rights act of 1964, . . . ..... 1983 was not available in this suit against federal officials, and the administrative procedure act ..... moreover, 1983 was clearly unavailable (and no other express cause of action such as is provided in the administrative procedure act was relied upon) in four other pre-1972 cases that either expressly or impliedly found causes of action under title vi in a somewhat different .....

Anand NaraIn Singh Vs. U.P. Secondary Education Service, Selection Boa ...

Court : Allahabad

Reported in : (2001)2UPLBEC959

..... appointment of a teacher (other than a teacher specified in the scheduled) shall on or after july 10, 1981, be made by the management only on the recommendation of the board;provided that in respect of retrenched employees, the provisions of section 16-ee of the intermediate education act, 1921, shall apply with the modification that in sub-section (2) of the aforesaid section, for the words 'six months' the wards 'two years' shall be deemed to have been substituted. ..... -a candidate for appointment to a post of teacher must possess qualifications specified in regulation 1 of chapter ii of the regulations made under the intermediate education act, 1921.rule 11. ..... , date of joining and the scale of pay and duly signed by the principal/headmaster and countersigned by the district inspector of schools or zila basic shiksha adhikari, as, the case may be, with full name of the countersigning authority :(2) any wrong information submitted in this regard shall make the applications of such candidates liable to be rejected and for this the candidate himself shall be solely responsible. ..... director of education, air 1983 sc 11433 (para 5); sri vijai luxmi rice mills v. ..... the state government also framed some rules in 1983, which are not relevant as present impugned selections have been held under the u.p. ..... 19 of 1983) (the 1985 amendment act). ..... ponnoose, air 1983 sc 1183, the income tax officer v. m.c. ..... sree nivas rao, 1983(2) scc 284. b.l. ..... union of india, air 1983 sc 130 and b. .....

Satendra Kumar Shukla Son of Sri Krishna Kumar Shukla, Assistant Teach ...

Court : Allahabad

Reported in : 2006(2)AWC2043

..... submitted that the committee of management passed resolution dated 10.5.1996 recommending promotion of the petitioner as lecturer sanskrit which resolution was forwarded to the district inspector of schools and in accordance with regulation 6(6) of chapter ii of the u.p intermediate education act 1921, petitioner's promotion shall be deemed to have been approved after expiry of three weeks from the date of receipt of the proposal. ..... , the petitioner has prayed for a mandamus directing the respondents to deem the petitioner being promoted as lecturer in sanskrit in the institution with effect from 1.7.1996 in accordance with the provision of regulation 6(6) of chapter ii of the u.p intermediate education act, 1921.3. ..... in view of section 32 of the 1982 act and the scheme of the rules 1983, 1995 and 1998 provisions of deemed approval as contained under chapter ii regulation 6(6) does not survive, being inconsistent to scheme ..... of 1982 act the district inspector of schools did not remain the competent authority for according ..... 1983 rules were substituted by another set of rules namely up secondary education services ..... 1983 rules nor 1998 rules contain any deeming provision as was contained in regulation 6(6) of chapter ..... by the state government in exercise of power under section 35 namely up secondary education services commission rules 1983 regulating the promotion and direct recruitment. ..... under rule 9 of the 1983 rules the power to approve promotion from lt grade to lecturer was with .....

Jagat NaraIn Singh Vs. Director of Education (Secondary) and ors.

Court : Allahabad

Reported in : 2003(4)AWC2882; (2003)2UPLBEC1684

..... the first authority deals with promotion under first removal of difficulties order, in the instant case, promotion of ram raj singh was under chapter 2 regulations 5 and 6 and rule 9 of 1983 rules, hence the said authority is not applicable to the facts of ..... intermediate education act and the regulations made thereunder in so far as they are not inconsistent with the provisions of the commission act or the rules made thereunder shall continue to be in force for the purposes of selection, appointment, ..... intermediate education act there was provision that if ..... education act ..... counter-affidavit on behalf of the director and deputy director of education, it has been stated in para 4 that on 16.3.1988 approval of promotion of ram raj singh was granted by the commission, under rule 9 of 1983 rules framed under the act (as existed at the relevant time). ..... regulation 6 of chapter 2 having been virtually replaced by rule 9 of 1983 rules framed under the commission act ceased to be in force and it was rule 9 of 1983 rules (as it stood at the relevant time) which covered ..... judgment of the aforesaid special appeal, it was directed that the director of education shall decide the appeal after providing opportunity of hearing to the parties. ..... under chapter 2 regulations 5 and 6 and rule 9 of 1983 rules framed under the commission act only those teachers, who possess minimum qualification for teaching subject concerned and five years experience shall be considered ..... education service commission ordinance/act .....

National Council for Teacher Education, Southern Regional Committee, B ...

Court : Karnataka

Reported in : ILR2001KAR1148; 2001(6)KarLJ17

..... education the parliament in its wisdom thought it fit to enact a comprehensive law on teacher education by enacting the national council for teacher education act, 1983 (for short the 'act ..... (a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations; or(b) if it is of the opinion that such institution does not fulfil the ..... institutions, for starting new courses or training, and for providing physical and instructional facilities, staffing pattern and staff qualifications; lay down standards in respect of examination leading to teacher education qualifications, criteria for admission to such examination and schemes of courses or training; lay down guidelines regarding tuition fees and other fees chargeable by recognised institutions; promote and conduct ..... ruled that consequently the decision taken by the regional committee or the appellate authority for refusing recognition on the ground that non-grant of no objection certificate ..... chapter iv provides for recognition under section 14 and for permission for ..... chapter iii in ..... chapter ii provides for the establishment of council consisting of experts in the field in addition .....