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Arjun Ganpatrao Mahajan Vs. the Punjabrao Krishi Vidyapeeth and anr.

Court : Mumbai

Reported in : 1996(2)BomCR120

..... . act, 1983, its chapter vii and in particular section 47, 48 and 49 thereof deal with teaching, research and extension education programmes in the agricultural universities and the colleges affiliated to them ..... . the definitions in the said three enactments are almost identical, for appreciating the scope of the extension education activities required to be undertaken by the academic staff of the agricultural universities, we reproduce the definition given in the present act i.e. m.a.u ..... . however, as regards the teachers or the academic staff in the agricultural universities or the colleges affiliated to them, it is first necessary to see that there is no definition of the expression 'teacher' given in the statute establishing the agricultural universities ..... . similar is the definition of the expression 'teacher of the university' given in section 2(31) of the said relating to the teachers appointed by the university in its departments or the colleges conducted by it ..... the definition of a 'constituent college' given in the said acts shows that the said colleges were under direct management of the agricultural universities concerned and had thus ceased to be the government colleges of agriculture from the date the said acts came into force. ..... . as is clear from the said definitions, the teachers in the non-agricultural universities are principally required to do the work of teaching and research in their colleges, departments or institutions. 31 .....

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

Court : Karnataka

Reported in : 1999(5)KarLJ26

..... apart from 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-aid code has acquired statutory status. ..... - (a) 'act' means the karnataka education act, 1983 (karnataka act 1 of 1995). ..... patil, learned counsel 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 institutions like the petitioner's ..... ed 252 sep 92, dated 7-4-1994 which is continued to be in force in accordance with section 146, all private educational institutions (including all private educational institutions run by scheduled castes and scheduled tribes) established or permitted to be so established on or after the first day of june, 1987, for imparting primary education, secondary education or pre-university education shall be permanently ineligible for grant-in-aid'. 9. ..... faced with the above situation, the state government 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. ..... definitions. .....

Dr. B.N. Vadiraja Vs. Dr. Mumtaz Ahmed Khan and Others

Court : Karnataka

Reported in : ILR2000KAR3425; 2000(6)KarLJ474

..... according to the definition of private educational institution given in section 2(27) of the karnataka education act, 1983 any educational institution imparting education referred to in section 3, established and administered or maintained by any person or body of persons falls within that definition, but it does not include an educational institution (a) established and administered or maintained by the central government or the state government or any local authority or any other authority designated or sponsored by the central government or the state government; (b) established and administered by ..... definition of private educational institution given in section 2(27) of the karnataka education act, 1983 is given as follows:' 'private educational institution' means any educational institution imparting education referred to in section, 3, established and administered or maintained by any person or body of persons, but does not include an educational ..... it is found from the definition of private educational institution given under section 2(27) of the karnataka education act, 1983, colleges imparting any type of education referred to in section 3 of the act viz. ..... it must be now seen whether the appeal filed by the present revision petitioner before the appellate tribunal under the provisions of section 94 of the karnataka education act, 1983 is maintainable in the absence of an order of dismissal or removal or reduction in rank of the petitioner, passed by the management of the .....

Sawen Ramesh Vs. Yenepoya Dental College and anr.

Court : Karnataka

Reported in : AIR2002Kant264; 2003(2)KarLJ607

..... the lis are governed by the provisions of karnataka education act, 1983 ('act' for short) read with the karnataka educational institutions (recognition of primary and secondary schools) rules ..... for constitution of the managing committee for a private educational institution.sub-section (1) of section 42 of the act says that every recognised private educational institution shall have a managing committee by whatever name it is called.sub-section (2) of section 42 of the act envisages that the managing committee shall be reconstituted once in two years.sub-section (3) of section 42 of the act envisages that the managing committee shall consist of not less than eleven and not ..... following issues for consideration and decision of this court.firstly, that the committee constituted by the management of the first respondent-institution is not in accordance with the provisions of section 42 of the act and therefore, based on the report of the illegally and improperly constituted committee, the management could not have imposed any punishment much less punishment as has been done by ..... definitely fall under section 2(29) of the act ..... of suspension from attending the classes.thirdly, it is contended that the indiscipline alleged against the petitioner would not fall within the definition of 'ragging' as envisaged under section 2(29) of the act. ..... act of the petitioner, in my opinion, would definitely fall within the meaning of the expression 'ragging' which finds a place at section 2(29) of the act .....

Regional Provident Fund Commissioner and ors. Vs. Atreyee Welfare Trus ...

Court : Kolkata

Reported in : 2005(3)CHN613,[2005(107)FLR780],(2005)IIILLJ161Cal

..... learned counsel for the parties, the short question that falls for determination before this court is whether the provisions of the west bengal non-government educational institutions and local authorities (control of employees' provident fund) act, 1983 and the west bengal recognised non-government educational institution employees (death-cum-retirement benefit) scheme, 1981 would apply to the present school which is administered by a trust.submission on behalf of ..... institution is excepted from the application of the 1983 act as contemplated in sub-section (4) of section 1.a 'non-government educational institution' has been defined in section 2(6) of the said act to mean an educational institution not maintained or managed by the state ..... be seen whether the school comes within the definition of 'non-governmental educational institutions' on which the 1983 act or the 1981 scheme applies. ..... a non-government educational institution, provided it is included within the inclusive definition given in section 2(6). ..... the school, being recognised or affiliated by the central board of secondary education, it is definitely a non government educational institution. ..... the word 'affiliated' or 'approved' used in the definition of educational institution in para-5 clause (b) is defined in para-5 clause (a) sub-clause (i) to mean the recognition of the institutions ..... avoided if there was explanation for the default to the satisfaction of the authority and the dissatisfaction must be clear and definite. .....

S. Sesham Raju Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2005(3)ALD264; 2005(3)ALT596

..... under clause (c) of section 2 of the prohibition of capitation fee act, 1983, 'education institution' has been defined to mean a college, a school imparting education upto and inclusive of tenth class or other institutions by whatever name called, whether managed by government, private body, local authority or university and carrying on the activity of imparting education therein, whether technical or otherwise, and includes a polytechnic, industrial training institute and a teachers training institute, but does not include a tutorial ..... such an institution though named as such will not fall in the definition of 'educational institution' under education act, 1982, which requires that education imparted be of that character which is imparted in schools recognized by the state government or by colleges including medical colleges, engineering colleges, which are recognized by the universities for which ultimately degrees and diplomas are awarded ..... whether or not the institute is imparting education, as is envisaged under various provisions and the enactments relied upon by the petitioner, we have to rely only upon what is stated by the respondents in their counter-affidavits inasmuch as the petitioner in the writ petition also is not definite about the type of education and knowledge being imparted by respondent no. ..... once an institution is not covered by the definition of 'educational institution' we are unable to accept the submission of the learned counsel for the petitioner that .....

Secretary, Managing Committee, Shri Aurobindo Institute of Integral Ed ...

Court : Orissa

Reported in : AIR2007Ori139; 104(2007)CLT388; 2007(II)OLR62

..... therefore, shri aurobindo institute of integral education and research is a notified institution entitled to receive grants-in-aid and is included within the definition of section 3(b) of the education act irrespective of the fact that the said institution ..... whose services were terminated was that the said institution became eligible to receive grant-in-aid which is covered by the definition of section 3(b) of the orissa education act, 1969. ..... coming to the definition of 'aided educational institution' under the orissa education act, 1969, this court finds that the aforesaid contention raised by the learned counsel for the ..... now after amendment the definition of 'aided educational institution' under section 3(b) of the act is as follows:aided educational institution means private educational institution which is eligible to, and is receiving grant-in-aid from the state government, and includes an educational institution which has been notified by the state ..... the definition of 'aided educational institution' under section 3(b) of the said act suffered an ..... under the amended definition of 'aided educational institution' the institution in question can be considered to be included within section 3(b) of the said act.7. ..... while delivering the said judgment, the learned judge of the writ court was pleased to upheld the order passed by the state education tribunal whereby the appeals filed by the present respondents 6 to 9 against the order of termination of their services, were allowed ..... 1983 .....

islamia Educational Society, Represented by Its Secretary Khadar Khan ...

Court : Andhra Pradesh

..... definition of capitation fee under section 2(b) of the said act, any amount collected by any educational institution from its students in excess of that fixed under section 7(1) thereof amounts to collection of capitation fee, which is prohibited by the 1983 act. ..... of admissions and prohibition of capitation fee) act, 1983 (for short the 1983 act) authorized the state government to regulate tuition fee or any other fee that may be levied and collected by any educational institution in respect of each class of students; that the admissions and fee regulatory committee (afrc) constituted by the state government is vested with the power to prescribe fee payable by the students of professional courses offered ..... university does not fall within the definition of the educational institution, it cannot force the educational institutions to collect fees from the students contrary to the provisions of the 1983 act. ..... of section 7(2) of the 1983 act are couched in mandatory terms by ordaining that no educational institution shall collect any fees in excess of the fees notified under sub-section (1) thereof ..... the 1983 act was made for regulation of admission into educational institutions and to prohibit collection of capitation fee in the state of ..... sections 3 and 7 of the 1983 act, the state government has framed rules which are called the andhra pradesh admission and fee regulatory committee (for professional courses offered in private un-aided professional institutions) rules, 2006 (for .....

The Management of Sri Jagadguru Renukacharya Education Society, rep. i ...

Court : Karnataka

..... section 2(15) of the karnataka education act, 1983 deals with definition of employee, which reads as follows:- employee means a person employed in an educational ..... the said definition is relevant for the purpose of deciding the issue of maintainability of appeal before the educational appellate tribunal, bangalore, under section 94 (1) of the karnataka education act, 1983. 13. ..... in the aforesaid context, the respondents counsel relied on section 42(1) and section 43(2) and (3) of the karnataka education act, 1983, while pointing out that termination order is not in terms of the aforesaid provision, consequently, the same is not in terms of the statutory provision. ..... in those cases could not have established that they were appointed on regular basis consequently the tribunal might have held that they were contract appointees and appeal was not maintainable under section 94(1) of the karnataka education act, 1983. ..... section 2 (15) of the karnataka education act, 1983 deals with the meaning of ..... it is not an aided college, the employees of the said college are appointed on contractual basis and they are not appointed with the approval of the government and as such karnataka education act-1983 is not applicable to such employees as such sec92 of the said act is not attracted. 3. ..... aforesaid provision do not distinguish between permanent/adhoc employee so as to contend that the respondent is a temporary employee/contract employee and the karnataka education act, 1983 is not applicable. .....

The Management of Sri Jagadguru Renukacharya Vs. Smt R B Uma Devi D/O ...

Court : Karnataka

..... section 2(15) of the karnataka education act, 1983 deals with definition of employee, which reads as follows:- employee means a person employed in an educational ..... the said definition is relevant for the purpose of deciding the issue of maintainability of appeal before the educational appellate tribunal, bangalore, under section 94 (1) of the karnataka education act, 1983.13. ..... in the aforesaid context, the respondent s counsel relied on section 42(1) and section 43(2) and (3) of the karnataka education act, 1983, while pointing out that termination order is 34 not in terms of the aforesaid provision, consequently, the same is not in terms of the statutory provision ..... in those cases could not have established that they were appointed on regular basis consequently the tribunal might have held that they were contract appointees and appeal was not maintainable under section 94(1) of the karnataka education act, 1983. ..... section 2 (15) of the karnataka education act, 1983 deals with the meaning of ..... it is not an aided college, the employees of the said college are appointed on contractual basis and they are not appointed with the approval of the government and as such karnataka education act-1983 is not applicable to such employees as such sec92 of the said act is not attracted. ..... aforesaid provision do not distinguish between permanent/adhoc employee so as to contend that the respondent is a temporary employee/contract employee and the karnataka education act, 1983 is not applicable. .....