Court : Allahabad
Reported in : (2009)226CTR(All)606
..... ' thus, the scope of the definition was changed for the it act, 1961, specially after an amendment in section 2(15) by the finance act, 1983, w.e.f. ..... as the indian it act, 1922, was repealed and replaced by the 1961 act, section 2(15) thereof adopted the 1922 act definition with a modification, namely, by enacting that, 'charitable purpose' includes relief of the poor, education, medical relief and the advancement of any other object of general public utility not involving the carrying on of any activity for profit. ..... 'charitable purpose', according to the last para of section 4(3) of the 1922 act, was defined so as to include 'relief of the poor, education, medical relief, and the advancement of any other object of general public utility'. ..... john frederick pemsel (1891) ac 531 (hl), lord macnaghten laid down that charitable purposes could be put under the four heads, viz : (1) for the relief of poverty, (2) for the advancement of education, (3) for the advancement of religion and (4) for other purposes beneficial to the community not falling under any of the preceding heads. in re. ..... the sense in which the word 'education' has been used in section 2(15) of the act is the systematic instruction, schooling or training given to the young in preparation for the work of life. ..... once an applicant institution came within the phrase 'exists solely for educational purpose and not for profit no other condition like application of income was required to be complied with. .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)225CTR(All)188; [2009]315ITR48(All)
..... definition was changed by the income-tax act, 1961, especially after an amendment in section 2(15) by the finance act, 1983, ..... as the income-tax act, 1922, was repealed and replaced by the 1961 act, section 2(15) thereof adopted the 1922 act definition with a modification, namely, by enacting that, ''charitable purpose' includes relief of the poor, education, medical relief and the advancement of any other object ..... has rightly rejected the application of the petitioner and the chief commissioner of income-tax in his order has rightly mentioned that the profits/surpluses have been exclusively used for educational purposes could not be examined because the assessee did not produce the books of account as called for in the letter dated november 23, 2007, and the petitioner could ..... income-tax in para 22 of his order dated april 11, 2008, has explained that the contention put forward by the assessee that the profits/surpluses have been exclusively used for educational purposes could not be examined because the assessee did not produce the books of account as asked for by him in his letter dated november 23, 2007, and in the ..... to the central board of direct taxes, new delhi, on three occasions for the grant of exemption to the petitioner and also appreciated the role of school in the field of education and when the application of the petitioner for exemption was not decided the petitioner was compelled to file a writ petition in this hon'ble court seeking mandamus against the authorities .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1494; (2001)2UPLBEC1149
..... intermediate education act, 1921 and from this reckoning also the expression 'in the case of a post other than the post of head of the institution' occurring in section 10 of the act shall have to be ignored being contrary to the last intention of the legislature as expressed in the u.p. ..... higher education services commission (procedure for selection of teachers) regulations, 1983, is different from the one used in section 10 of the u.p. ..... it cannot be repudiated that in service jurisprudence, the term 'cadre' has a definite legal connotation and is not synonymous with 'service'. ..... higher education (procedure for selection of teachers) regulations, 1983, which lay down the procedure for selection, reads thus :'(6) procedure for selection-commission shall scrutinise the applications and call for interview such number of candidates to be called for interview, it may - provided that, if on ..... higher education services commission (procedure for selection of teachers) regulations, 1983 means a person employed for imparting instruction in a college and includes a principal. ..... higher education services commission (procedure for selection of teachers) regulations, 1983, ought to be read in juxtaposition for the purposes of applying the u.p. ..... higher education services commission regulations, 1983, have also been called in aid by the learned counsel for the respondents to give prop to the contention that vacancies on the posts of principals notified to the commission under section 12 of the u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC3192b
..... the post of a principal of a degree college is not advertised then senior teacher of that college may not apply and in case appointment is made under section 13 (4) of the commission act without advertising the vacancy, then the senior teachers would be deprived of their chances to be considered as the principal of that college as is the case here ..... could have considered it in greater detail but for the following observation of the supreme court in the sharma case : 'of course, the filling of vacancies under sub-section (4) of section 13 on the vacancies already advertised arises only in case the person does not join or on account of death or resignation or person after joining, becomes invalid of such ..... college shall be such as may be determined by regulations :provided that the commission shall with a view to inviting talented persons give wide publicity in the state to the vacancies notified to it under sub-section (3) : provided further that the candidates shall be required to indicate their order of preference for the various colleges vacancies wherein have been advertised. ..... due to death, resignation or otherwise during the period of validity of the list referred to in sub-section (2), and such vacancy has not been notified to the commission under sub-section (3) of section 12 the director may intimate to the management the name of a candidate from such list for appointment ..... higher education service commission (procedure for selection of teachers) regulations, 1983 ..... definitions .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1383; 2005(2)ESC1008; (2005)2UPLBEC1896
..... there cannot be any dispute with the proposition laid down in the above case that definition of director does not include the regional deputy director, however, in the above judgement the provisions of section 16-i of the act which empowers the director to delegate its power and the notification issued by directorate of education dated 23rd september, 1959 was not placed. ..... 7 submitted that the power of amendment of scheme of administration which vests in the director of education has already been delegated by director of education with the approval of the state government vide notification dated 23rd september, 1959 which has been issued in exercise of power under section 16-i of the act, hence the deputy director of education had every jurisdiction to amend the scheme on 30th december, 1983. ..... this writ petition has been filed by 23 petitioners challenging the order dated 30th december, 1983 passed by deputy director of education, 12th region, moradabad by which certain amendments in the scheme of administration of the institutions have been approved.3. ..... sri ansari further submitted that petitioner have not even raised the ground which is sought to be pressed in this writ petition that deputy director of education had no jurisdiction to pass order on 30th december, 1983 and petitioners having not taken any such ground in the writ petition, they cannot be allowed to raise this submission.6. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1053
..... if there is absence of co-ordination between the two organs of the same department of the government, namely, the education department under which the madhyamik shiksha parishad operates as one of its organ, in that event, it is for the state government to make suitable provision for appropriate ..... the very definition of teacher defined in section 2(e) which includes a person employed in fulfilment of such grant of recognition clearly indicates such an ..... 1983, that copies of the said letters were also forwarded for appropriate action to the deputy director of education, varanasi region as well as the deputy director of education ..... committee of management had already applied for creation/ sanction of the post through its letter dated 22nd august, 1983, which fact has also not been disputed or denied by the state respondent.11. ..... had requested the director of education for creation/sanction of the post in the additional subjects as recognised by the letter dated 4th ..... to the director of education for creation of post. ..... the education department of which madhyamik shiksha parishad is a part though a different and distinct ..... clause 4 of the letter dated 4th august, 1983, provides that the lecturers who are lesser qualified may be removed and adequately qualified lecturers may be appointed in their place according to the rules ..... learned standing counsel submits that the letter was issued by secretary of madhyamik shiksha parlshad, whereas the post is to be sanctioned by the director of education. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC769
..... as put by division bench in ekta shukla's case (supra) does not suffer from any error whereas in sanjai kumar's case section 14(1) proviso and section 14(5) of the national council for teacher education act, 1993 have not been specifically dealt with and the view taken by the division bench in sanjai kumar's case (supra) and sunita upadhyaya's case ..... or university during the period when the application of the institution or the university for grant of recognition under section 14 of national council for teacher education act, 1993 was pending, are eligible for special basic training course, 2007 as laid down by the division ..... sri devendra kumar arora, additional advocate general, refuting the submission of learned counsel for the appellants, contended that proviso to section 14(1) of national council for teacher education act, 1993 although permits an institution to continue such course or training till disposal of the application but in case the inverting period falls within ..... hit by articles 14 and 16 of the constitution of india to the extent that it make distinction between degree obtained by candidates after enforcement or implement of national council for teachers education act, 1993 and degree obtained prior to recognition by university grant commission or by any body authorised by university grant commission, so far validity of public employment is concerned and particularly to the extent its relevancy ..... as minimum of 60% downwards, but definitely higher than the mere pass marks. .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)1UPLBEC337
..... education service commission and selection board act has also been amended in 1992 adding the following proviso to section 16 :'provided further that the appointment of a teacher by transfer from one institution to another, may be made in accordance with the regulations made under clause 'c' of sub-section (2) of section 16-g of the intermediate education act ..... college cannot be transferred from one college to another inspite of the specific provisions contained in the intermediate education act and the regulations framed thereunder conferriag such a power of transfer.15. ..... uplbec 446 (sc) has laid down that after the enactment of the secondary education service commission act, a teacher of an intermediate college cannot be transferred from one college to another inspite of the specific, provisions for transfer contained in the intermediate education act and the regulations framed thereunder. ..... of estate duty, mysore, air 1967 sc 849, the word 'otherwise' in the phrase 'by contract or otherwise' was construed by the supreme court ejusdem generis by holding as under :'in the context of the section the word 'otherwise' should, in our opinion, be construed ejusdem generis and it must be interpreted to mean some kind of legal obligation or some transaction enforceable at law or in equity which, though not in ..... for one year and, therefore, expired in january, 1983 in which month second removal of difficulties order, 1983 was issued by the government enabling the management to make ..... definitions .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3926
..... secondary education services selection board (amendment) act, 2001 be made by the management only on the recommendation of the board:provided that in respect of retrenched employees, the provisions of section-ee of the intermediate education act, 1921 shall mutatis mutandis apply:provided further that the appointment of a teacher by transfer from one institution to another may be made in accordance with the regulations made under clause (c) of sub-section (2) of section 16-g of the intermediate education act. u.p ..... 1921:provided also that the dependent of a teacher or other employee of an institution dying in harness who possess the qualifications prescribed under the intermediate education act, 1921, may be appointed as teacher in trained graduate's grade in accordance with the regulations made under sub-section (4) of section 9 of the said act(2) any appointment made in contravention of the provisions of sub-section (1) shall be void.11. ..... - (1) notwithstanding anything to the contrary contained in the intermediate education act, 1921 or the regulations made thereunder, but subject to the provisions of sections 12, 18, 21-b, 21-c, 21-d, 33, 33-a, 33-b, 33-c, 33-d and 33-f, every appointment of a teacher shall, on or after the date of commencement of the u.p ..... intermediate education act, 1921,(d) by appointment of reserved pool teacher under sections-21 b to 21 d of the act of 1982,(e) by way of regularization of teachers appointed on ad-hoc basis under section 33-a to 33-d of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1561
..... intermediate education act and qualified that the previous decisions as referred to therein including the decision in the case of pramila mishra by the apex court had not considered the aforesaid amendment brought about in the definition referred to herein above.24 ..... counsel for the petitioner has brought to the notice of the court the government order dated 23.11.2001 issued by the principal secretary, education, in respect of the dependents of teachers, who have died-in-harness while serving in the primary section attached to an intermediate college. ..... this government order clearly recites that the primary sections attached to intermediate colleges are part and parcel of the institution and, as such, the dependents of such teachers, who have died-in-harness while working in the primary section are entitled to seek appointment from the district inspector of schools for which rules and regulations are contained in chapter iii of the regulations framed under the ..... act 11 of 1921 is to be carried out in accordance with a scheme of administration prepared under section 16-a of the said act and this section does not apply to a basic school or a junior high ..... standing counsel on the strength of the government order dated 24.11.2001 and the provisions of section 7-ab has urged, that the teachers so appointed on part time basis in an unaided high school or intermediate college have been exempted from the applicability of the payment of salaries act, 1971 and the selection board act 1982. .....
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