Court : Mumbai
Reported in : 2001(3)BomCR200
..... respondent furnished an undertaking on 28th may, 1999 while forwarding the forms to the deputy director, postal training scheme, maharashtra state educational research and training council, pune, the sixth respondent, that the management would not remove the petitioners until they complete the postal ..... is common ground between the parties that schools for the physically handicapped are not recognised either by the director of education, the divisional board or the state board, since these schools fall within the control and jurisdiction of the social ..... provides that those untrained teachers who had been appointed in recognised schools and in whose cases education officers had granted approval prior to june 1997 should be continued further in service. ..... november, 1997 a circular was issued by the state government through the department of school education in which the question of permitting untrained teachers the benefit of pursuing the postal d.ed ..... case, it is submitted that the training could not be completed for the reason that the authorities were not inclined to accept the forms for the d.ed. ..... that save as otherwise provided under the act, no person shall establish or maintain any institution for persons with disabilities except under and in accordance with a certificate of registration issued in that behalf by the competent authority. ..... chapter x of the act is entitled 'recognition of institution for persons ..... chapter x of the act deals with the recognition of institutions for .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR3009; 1999(5)KarLJ129
..... chapter iii of these rules deal with the nature of penalties and the manner in which action by the disciplinary authority of the management of private educational institutions could be ..... a letter dated 17-12-1988 was addressed by the directorate of collegiate education to the management stating that dismissal of the delinquent by it without prior permission of the said educational authority was not valid and, therefore, the same not be approved by ..... was effected in article 311 of the constitution various high courts and the supreme court had taken the view that the non-supply of enquiry report by the disciplinary authority to its delinquent employee and issue of second show-cause notice is not fatal to its any order imposing major penalty on him. ..... memo, that he had no faith in all members of the enquiry committee as he has given complaints to the police, government and other authorities against them, the management was required to constitute a fresh committee instead of allowing the same committee to proceed with the enquiry.13. mr. ..... in this way you have committed thebreach of trust and caused considerable loss to the institution, and you have committed illegal acts of commissions and omissions, and have misappropriated and misutilised the college and society funds under your control as the principal of ..... (a)1979-805,478-62(b)1980-811,47,719-45(c)1981-8255,936-00(d)1982-8338,475-65(e)1983-8460,605-00 1[1,08,214-72] but so far you have not accounted the same and you have not .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2006Kant17; ILR2005KAR6073; 2005(6)KarLJ346
..... for technical education act, 1987 ('aicte act' for short) provides for establishment of all india council for technical education, for the purpose of proper planning and co-operative development of technical education system throughout the country, the promotion of qualitative improvements of such education in relation to planned quantitative growth and the regulation and proper maintenance of norms and standards in technical education and any matter connected therewith, chapter iii of the act deals ..... held that the aicte act, been enacted to provide for establishment of an all india council for technical education for proper planning and co-ordination of technical education system through out the cotmtry, for promotion of qualitative improvements of such education in relation to planned quantitative growth and regulation and proper maintenance of norms and standards in technical education system and for matters connected ..... in this case the petitioners have called in question the order passed by the all india counsel for technical education (for short, 'aicte'), the 1st respondent herein dated 4-8-2005 (annexure-a) imposing penalty for the excess admission made by the college for the academic year 2003-2004 ..... it is well-accepted that the conferral of statutory powers on these local authorities must be construed as impliedly authorising everything which could fairly and reasonably be regarded as incidental or ..... penalty as per annexure-a by the aicte is without authority of law. .....
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 : Karnataka
Reported in : ILR1998KAR3104
..... of the civil court should be shown to have suffered from jurisdictional error namely, from exercise of jurisdiction not vested or order resulting failure to exercise jurisdiction vested or that the subordinate court should be shown to have been acted in exercise of the jurisdiction illegally or with material irregularity and an additional condition that if order impugned is not reversed or set aside it has got the tendency to occasion in failure of justice or it may cause irreparable loss ..... from inaction of the management-board in not paying his salary from 1.6.1989 till 1.3.1992, the management having replied to the notice issued by the employee, filed an appeal under section 8 of the karnataka private educational institutions (discipline and control) act, 1975 and the tribunal, after having considered the matter, issued the following directions:-'in the result, the appeal is allowed. ..... (4) if any dispute arises as to the persons entitled to receive compensation, or as to the proportions in which the persons interested are entitled to share in it, the telegraph authority may pay into the court of district judge such amount as he deems sufficient or, where ail the disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined ..... , courts and tribunals have been conceived distinct from each other vide the provisions of chapter v and vi of the part vi constitution of india dealing with courts on one hand and the provisions of part xiv .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD222; 2004(3)ALT579
..... the all india council for technical education act, 1987;(3) that the 1st respondent had no locus standi to file the oa because in case the writ petitioner is not appointed, the ..... challenged the order of the tribunal mainly on three grounds:(1) that the provisions of pharmacy act, 1948 would not apply as far as the selection of the writ petitioner is concerned;(2) that the appointment of the writ petitioner has to be tested in accordance with the provisions of the all india council for technical education act, 1987, as the institution in which he was working was a recognized institution under ..... technical education act, 1987 (for short 'aicte act'), this act was enacted with an object that statutory powers should be there to regularize and maintain standards of technical education in the ..... section 2(h) which is as follows:'technical institution means an institution, not being a university, which offers courses or programmes of technical education, and shall include such other institutions as the central government may, in consultation with the council by notification in the official gazette, ..... subsection (3) of section 22 prohibits persons and authorities to confer or grant any degrees except those who ..... in chapter iv under section 22 right .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(6)ALD34; 2003(5)ALT469
..... . chapter iv of the delhi school education act, 1973 deals with terms and conditions of services of employees of recognized private schools and section 8(2) of the said act specifies that subject to any rule that may be made in this behalf, no employee of a recognized private school shall be dismissed, removed or reduced in rank nor shall his service be otherwise terminated except with the prior approval of ..... . per contra, sri satyanarayana prasad, the learned senior counsel representing the 1st respondent - writ petitioner, submitted that the timpany school is an authority within the meaning of article 12 and imparting education is a public function and the members of the management are governed by the a.p ..... . in the present case, it is not disputed that the respondent has passed the impugned order under colour of authority as manager of private educational institutions which were established and are administered by virtue of permission granted under sections 20 and 21 of the a.p ..... . section 2(e)(iv) of the said act defines 'appropriate authority'.8 ..... . under section 2(t) of the said act, a recognized school is defined as a school recognised by the appropriate authority ..... . secretary to government (supra), a division bench of this court held:'it is competent for the high court to exercise jurisdiction under article 226 of the constitution of india and issue to any person or authority, directions, orders or writs .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALT728
..... the removal order the employee filed appeal to the regional joint director who allowed the appeal on 10-7-1991 on the ground that permission of the competent authority was not obtained as required under section 79 of the andhra pradesh education act (hereinafter referred to as 'the act'). ..... where the proposal to dismiss, remove or reduce in rank or otherwise terminate the appointment of any teacher employed in any private educational institution is communicated to the competent authority that authority shall, if it is satisfied that there are adequate and reasonable grounds for such proposal, approve such dismissal, removal, reduction in rank or termination of appointment ..... sub-section reads as follows:-'3 (1) subject to any rule that may be made in this behalf, no teacher employed in any private educational institutions shall be dismissed, removed or reduced in rank nor shall his appointment be otherwise terminated, except with the prior approval of the competent authority; provided that if any educational management, agency or institution contravenes the provisions of this sub-section, the teachers affected shall be deemed to be in service. ..... no teacher or member of the non-teaching staff employed in any private institution (hereinafter at this chapter referred to as the employee ) shall be dismissed, removed, or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD19
..... law embraces the law of the nation relating to the method of choosing head of the state, constitution of the legislatures, its powers and privileges, relations between central government and local authorities, the rights and duties of the citizens, civil members and their limitations and general system of the courts and the method and manner of conducting elections etc. ..... and indeed an effective and sometimes perhaps the only suitable remedy for redressal of the established infringement of the fundamental right to life of a citizen by the public servants and the state is vicariously liable for their acts.......the amount of compensation as awarded by the court and paid by the state to redress the wrong done, may in a given case, be adjusted against any amount which may be awarded to the claimant by way of damages in a civil ..... the learned authors dedicated one entire chapter (chapter 12) to public law aspects of tort and a separate sub-chapter is devoted to constitutional torts.21 ..... should public authorities be liable in tort for poor government, be it inadequate education for local children, inept inspection of building works or inequitable distribution of healthcare ..... if civilization is not to perish in this country as it has perished in some others too well-known to suffer mention, it is necessary to educate ourselves into accepting that, respect for the rights of individuals is the true bastion of democracy. ..... of orissa, : 1993crilj2899 , consumer education and research centre v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All65; (1995)2UPLBEC1270
..... 1994 the fact that the janta uchchattar madhyamik vidyalaya, mahuwa, district bijnor is a recognised institution under the provisions of the intermediate education act, 1921 and is governed by the scheme of administration approved by the dy. ..... 16a of the intermediate education act, 1921 could only hold election for the committee of management within the period of three years ..... of the intermediate education act or under ..... intermediate education act. ..... such an election has to be ignored, with the result that the only thing left for the regional deputy director of education is to appoint prabandh sanchalak who may get election held in accordance with the provisions of the scheme of administration. ..... an election cannot be said to be an election in the eye of law, the regional duputy director of education has rightly gone into the question of the validity of the election and correctly held that the said election was ..... was fully competent and within the jurisdiction of authority to have power to appoint authorised controller to manage the affairs to hold the election of the committee of management in the facts and circumstances of the ..... for the petitioners argues that if election was held even after the expiry of the prescribed time limit, the regional deputy director of education has no jurisdiction to adjudicate upon the legality or otherwise of the election. ..... found that the election held on 29-4-1994 was not held in accordance with chapter iii, r.4 and was in violation of para (6) of the scheme .....
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