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Sri. Veerabhadreshwara Education Trust Vs. The Government Of Karnataka

Court : Karnataka Dharwad

..... khc-d:10696-db wa no.100141 of 2022 section 41(5) of the karnataka education act, 1983 (for short the said act of 1983 ) and since the petitioners did not comply with the requirements contained in rules 3 and 4 of the karnataka educational institutions (change in the governing council or change in the location of private educational institutions) rules, 2006 (for short the governing council rules ) and obtain fresh recognition as if it was a newly started college, the ..... necessary recognition by the 2nd respondent under section 38 of the karnataka education act, 1983 and the same was successfully renewed ..... profitable to extract section 2(17) and section 41(5) of the karnataka education act, 1983, which read ..... council of the appellant no.2 college contained certain members who were removed and new members were inducted into the governing council which amounts to change in the governing council within the meaning of section 41(5) of the said act of 1983 r/w the governing council rules which required fresh application for recognition to be made by the appellants, as if appellant no.2 was a newly started college and since no such application was ..... point no.1 is accordingly answered by holding that there was no change in the governing council of appellant no.2 college so as to attract section 41(5) of the said act of 1983 or the governing council rules which were clearly not applicable to the facts of the instant case and the direction issued by the respondents in the impugned ..... definitions .....

Master Balachandar Krishnan Vs. The State Of Karnataka

Court : Karnataka

..... . hence, would those students also come within the ambit of the definition of students of karnataka or the students of only state board (sslc) would be covered under the definition as only such schools have to be registered and recognized under the karnataka education act, 1983? ..... therefore, the respondent/law school is an aided institution within the meaning of the karnataka education act, 1983 vide section 2(18) and it cannot be considered as a self-financing institution. ..... . the definition of educational institution for the purpose of the karnataka education act is set out in section 2(14) read with section 1(3) of the said act ..... . section 1(3)(iii-a) of the karnataka education act specifically states that schools affiliated to icse and cbse board are excluded from its purview, but subject to condition that the provisions of sections 5-a, 48, 112-a and 124-a of the said act, which apply to those institutions ..... . the provisions for recognition of educational institutions in the state are provided under the karnataka education act, 1983 and the rules made thereunder only where the institution is registered under the said act (vide section 36 read with section 30) .....

Bar Council Of India Vs. State Of Karnataka

Court : Karnataka

..... . hence, would those students also come within the ambit of the definition of students of karnataka or the students of only state board (sslc) would be covered under the definition as only such schools have to be registered and recognized under the karnataka education act, 1983? ..... therefore, the respondent/law school is an aided institution within the meaning of the karnataka education act, 1983 vide section 2(18) and it cannot be considered as a self-financing institution. ..... . the definition of educational institution for the purpose of the karnataka education act is set out in section 2(14) read with section 1(3) of the said act ..... . section 1(3)(iii-a) of the karnataka education act specifically states that schools affiliated to icse and cbse board are excluded from its purview, but subject to condition that the provisions of sections 5-a, 48, 112-a and 124-a of the said act, which apply to those institutions ..... . the provisions for recognition of educational institutions in the state are provided under the karnataka education act, 1983 and the rules made thereunder only where the institution is registered under the said act (vide section 36 read with section 30) .....

Mr Satyajit Sarna Vs. State Of Karnataka

Court : Karnataka

..... . hence, would those students also come within the ambit of the definition of students of karnataka or the students of only state board (sslc) would be covered under the definition as only such schools have to be registered and recognized under the karnataka education act, 1983? ..... therefore, the respondent/law school is an aided institution within the meaning of the karnataka education act, 1983 vide section 2(18) and it cannot be considered as a self-financing institution. ..... . the definition of educational institution for the purpose of the karnataka education act is set out in section 2(14) read with section 1(3) of the said act ..... . section 1(3)(iii-a) of the karnataka education act specifically states that schools affiliated to icse and cbse board are excluded from its purview, but subject to condition that the provisions of sections 5-a, 48, 112-a and 124-a of the said act, which apply to those institutions ..... . the provisions for recognition of educational institutions in the state are provided under the karnataka education act, 1983 and the rules made thereunder only where the institution is registered under the said act (vide section 36 read with section 30) .....

Laxmi Devi Vs. R.D.S. Public Girls College and Others

Court : Punjab and Haryana

..... the court reaffirmed the position that an educational institution is an industry within the definition section 2 (j) of id act. ..... even the formality of returning proper finding on completion of 240 days of service within the definition of section 25-b of the id act read with section 25-f of the i.d was not embarked upon or recorded while it should have been the effort of the court to render a comprehensive award dealing with all the aspects. ..... the defence of the management is that the provisions of section 25-f of the id act was not required to be complied with nor was a finding on issue of 240 days a necessary accompaniment in the award. 6. ..... having jumped to the conclusion that the workman had no case on merits, the labour court failed to examine the matter from the angle of breach of provisions of section 25-f of the industrial disputes act, 1947 and its resultant effect on the termination. ..... officer, labour court, gurdaspur and another; 2009 (7) slr 444 : 2009 (4) sct 192 where the learned single judge of this court dealt with the provisions of the punjab affiliated colleges (security of service) amendment act, 1983 in its jural relationship with id act and particularly section 2(j) and 2(s) thereof. ..... the only argument raised by the management at the hearing today is that the relief is inadmissible since the college was affiliated to maharishi dayanand university, rohtak and, therefore, the industrial disputes act was not applicable to the educational institution. .....

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. .....

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 .....

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 .....

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 .....