Court : Allahabad
Reported in : 1999(1)AWC589
..... intermediate education act even in the case of a probationer inasmuch as the provisions of section 16g (3) (a) does not make any distinction between a teacher appointed on probation or he is confirmed ..... education act. ..... education act. ..... education act. ..... the division bench held that the word 'removal' used in section 21 and section 32 of 1982 act was used in comprehensive sense to include the discharge of a probationer from ..... passed by way of punishment, different considerations may arise, namely, the nature of charges levelled against the teacher, the evidence to prove such charges and whether the proper procedure was followed as provided under the act and the rules framed therein before imposing punishment on him but in either of the case, approval of the authority concerned is required.8. ..... controversy is as to whether the committee of management is entitled to terminate the services of a teacher appointed on probation without obtaining any prior approval of the commission as provided under section 21 of uttar pradesh secondary education services commission and selection board's act. ..... it was contended before the court that section 21 of act v of 1982 does not provide for approval in respect of a teacher appointed on ..... it was held that protection of section 21 of the act is available to the probationer who is being discharged from service ..... court held that section 32 of 1982 act preserves the protection given to the teachers under the provisions of section 16g (3} of act no. ..... 1983 uplbec .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)1UPLBEC159
..... intermediate education act which reads as under :-'a teacher appointed to a post to fill a vacancy caused by the promotion of a permanent teacher from a lower grade t higher grade to shall be deemed to have been appointed in substantive capacity on the post from the date of ..... intermediate education act, 1921 vide govind saran aeron v ..... intermediate education act, 1921 which provides that a person selected for substantive appointment against a clear vacancy shall be placed on probation from the date of joining duties ..... intermediate education act. ..... on the advertisement being made by the regional deputy director of education, the petitioner can also apply for appointment.8. ..... secondary education service commission and selection boards act, 1982 ..... secondary education service commission and selection boards act, 1982 as it then existed ..... it is regional deputy director of education who has to take steps for making ad hoc appointment ..... secondary education services commission rules, 1995 which provides that the regional deputy director of education shall advertise the post and make the selection for the purpose of ad hoc appointment ..... deputy director of education, jhansi and ors ..... deputy director of education, iii region, bareilly and ors ..... secondary education service commission (removal of difficulties) (second) order, 1981, this order also prescribes procedure for making appointment on short term vacancy ..... secondary education services commission as provided under section 21 (1) of u.p. ..... , 1983 uplbec 3076. .....
Tag this Judgment!Court : Allahabad
Reported in : 1990CriLJ1906
..... sri jain has relied upon the education act and the regulation in order to advance the argument that it is the principal who has to discharge such functions under that act and regulations that his possession in the institution ..... , the satisfaction of the magistrate is noted in the order under section 145, sub-section (1), cr. p. c. ..... parties were making attempts to enter the institution as also were trying to attempt taking the possession and there was no satisfaction recorded that there was a dispute concerning 'actual possession' as envisaged by sub-section (1) of section 45, cr. p. c. ..... case the applicant has been shown to be the committee of management through manager gyanendra misra who was himself mentioned as the second party in the order of the magistrate issued under section 145(1), cr. p. c. ..... the right of user is claimed or not, i am satisfied that in the present case possession as grave yard is claimed and not only a mere right of user and as such proceedings were rightly taken under section 145, cr. p. c. ..... was) has held as under:'the dispute between the parties with respect to the right to manage the college is essentially a dispute regarding the right of user of the buildings and land of the college as contemplated by section 147, cr. p. c. ..... sengar (hereinafter referred to as the principal, which word is used only for convenience sake without attributing all legal rights attached to the said word to narendra kumar sengar), this application under section 482, cr. p. c. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)AWC576
..... 1/97 pertain to the office bearers of the society and this court in the judgment in 1988 uplbec 732, has specifically held that the intermediate education act and societies registration act are not overlapping and the power of the registrar under the societies registration act and the deputy director of education under section 16a (7) operate in separate fields.13. ..... the review application and has set aside the order dated 12th march, 1999, only on the ground that the dispute pertaining to the committee of management of the institution is necessarily to be decided by the deputy director of education under section 16a (7) of the intermediate education act.12. ..... on the ground that the elections for continuing the committee of management of the institution have taken place in accordance with the scheme of administration and rival disputes of elections are required to be decided by the deputy director of education under section 16a (7) of the intermediate education act. ..... authority is based on misconception of fact that the institution is a recognized intermediate college, when as a matter of fact, on the relevant date the institution was only a junior high school and as such the provisions of the intermediate education act were not attracted at all to the dispute of elections in question.11. ..... already noticed above, the institution at the relevant time was recognized as a junior high school only and the provisions of intermediate education act were not applicable to the said institution. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2298
..... section 20(3) (a) (i) of the andhra pradesh education act, 1982 was void and inoperative and the state government had no legislative competence to pass such a legislation as the state provision was in the field already occupied by the enactment made by the parliament, namely, all india council of technical education, act ..... by sri shashi nandan learned senior counsel for the petitioners is that once the ordinances relating to distance education programme and centres for distance education had been framed by the rohilkhand university under section 52 of the act, the chancellor of the university was not justified in passing the impugned order dated 3rd june, 2005 for ..... of the fact that many universities had illegally established a number of study centres all over the country it became imperative for the chancellor to pass such an order under section 68 of the act particularly when the universities did not respond at all to the communication dated 16th april, 2005 sent by the chancellor to all the universities seeking information regarding the running ..... of teachers and scholars engaged at a particular place in giving and receiving instructions in higher branches of learning; and as such persons associated together as a society or corporate body, with definite organization and acknowledged powers and privileges and forming an institution for promotion of education in higher or more important branches of learning and also the colleges, building and other property belonging to such body. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC671; (2001)1UPLBEC741
..... intermediate education act, 1921, the petitioner is entitled to continue in short-term vacancy irrespective of insertion of section 33e in u. p. ..... intermediate education act, 1921, petitioner is entitled to continue in short-term vacancy irrespective of insertion of section 33e in u. p. ..... , the said provision having come to the notice of the court and the court being satisfied that the said provision is violative of article 16 of the constitution of india, declare, that paragraph 2 (3) (i) of the uttar pradesh secondary education services commission (removal of difficulties) (second) order, 1981 the following words are ultra vires of article 16 of the constitution of india 'shall also immediately notify the same on the notice board of the institution. ..... a vested right is one which has so completely and definitely accrued or settled in a person that it is not subject to be defeated or cancelled or deprived arbitrarily without injustice. ..... the state government also framed uttar pradesh secondary education services commission rules, 1983, 1995 and 1998. ..... director of education and another, air 1983 sc 1143. ..... in exercise of powers under section 34 of uttar pradesh secondary education services commission first regulations, 1983, were framed in 1983. ..... the commission / board became functional in 1983. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1940; (1998)3UPLBEC2145
..... district inspector of schools, making the order of termination ineffective, the present writ petition has been filed, by the committee of management, inter alia, on the ground that the district inspector of schools had acted without jurisdiction in passing the impugned order as the principal is the appointing authority who alone can pass the order of termination for which the approval of district inspector of schools is not at all required under ..... intermediate education act as contained in ..... intermediate education act and the same are contained in chapter ..... intermediate education act and the regulations ..... the society duly registered under the societies registration act and the scheme of administration framed by it has duly been recognised and approved in accordance with the provisions of intermediate education act as amended from time to time. ..... vii region, gorakhpur and others, 1983 uplbec 622, wherein it has been held that regulation 25 framed under section 16g of the act confers power on the appointing authority to terminate the services of a class iv employee during the probation period by giving him one month's notice or salary in lieu thereof, and since in the present case ..... respondent also failed to furnish the certificate of his educational qualifications for which the management was unable to record ..... and intermediate education and imparts education upto high ..... to furnish within one month the certificate of his educational qualifications before the appointing authority. ..... education .....
Tag this Judgment!Court : Allahabad
Reported in : [2005(1)JCR67(All)]
..... with respect to the management of an institution, persons found by the regional deputy director of education upon such enquiry as is deemed fit to be in actual control of its affair may, for purposes of this act, be recognised to constitute the committee of management of such institution until a court of competent jurisdiction directs otherwise :provided that the regional deputy director of education shall before making an order under this sub-section, afford reasonable opportunity to the rival claimants to make representations in writing.explanation ..... , the question with regard to the powers of the deputy director of education, where he does not find any of the rival committees of the validly elected, have been referred to the larger bench to decide as to whether the deputy director of education under section 16-a (7) of the act can disapprove and disregard elections of both the rival committees of management, and whether in that event he will be required to decide the question of effective control over the institution.3. both these ..... . the scheme of the act provides for management of the educational institution by a validly elected committee of management, in terms of the scheme of administration under section 16-a, which under section 16-cc is not to be inconsistent with the principles laid down in the third ..... .(2) whether the regional deputy director of education while deciding a dispute under section 16-a (7) of the act can go into the question of validity of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All101; [2005(2)JCR593(All)]; (2005)1UPLBEC85
..... respect to the management of an institution, persons found by the regional deputy director of education upon such enquiry as is deemed fit to be in actual control of its affair may, for purposes of this act, be recognized to constitute the committee of management of such institution until a court of competent jurisdiction directs otherwise:provided that the regional deputy director of education shall before making an order under this sub-section, afford reasonable opportunity to the rival claimants to make representations in writing.explanation. ..... regional deputy director of education, agra, the question with regard to the powers of the deputy director of education, where he does not find any of the rival committees to be validity elected, have been referred to the larger bench to decide as to whether the deputy director of education under section 16-a (7) of the act can disapprove and disregard elections of both the rival committees of management, and whether in that event he will be required to decide the question of effective control over the ..... the scheme of the act provides for management of the educational institution by a validly elected committee of management, in terms of the scheme of administration under section 16-a, which under section 16-cc is not to be inconsistent with the principles laid down in the third ..... whether the regional deputy director of education while deciding a dispute under section 16-a(7) of the act can go into the question of validity of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC354
..... he further submits that section 17(1) of national council of teachers' education act, 1993, provides for consequences of violation of terms and conditions of the course and that the court must direct exclusion of teaching qualifications other than b.ed./l.t ..... section 12 of the national council of teachers' education act, 1993 provides for the functions of the national council of teachers' education. ..... according to him section 12(e) of the national council of teachers' education act, 1993 authorises the council to lay down the conditions of eligibility ..... section 16 of the national council of teachers' education act, 1993 provides for recognition of new course and training ..... these selections, however, fell into rough weather and that this court set aside the entire selections on 21.3.2002 on the ground that the course was not recognised by the national council of teachers' education established under the national council of teachers' education act, 1993, and was not the qualification provided under the u.p. ..... basic education act, 1972, provides for establishment of board of basic education to organise, co-ordinate and control basic education in u.p ..... basic education act, 1972 ..... basic education act. ..... one of the functions in section 12(e) is to lay down norms for any specified category of courses or training in teacher education, including the minimum eligibility criteria for admission thereof, and the method of selection of candidates, duration of the course, course contents and mode of .....
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