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Hanamant Siddappa Bajantri Vs. The State Of Karnataka

Court : Karnataka Dharwad

..... bringing in act 4 of 2015, the legislature circumvented the judgments of this court and by bringing in amendment by act 4 of 2015 to section 87 of karnataka education act, 1983 has declared that teaching and non-teaching staff of aided institutions are not entitled for additional increment for having passed kannada examination. ..... the petitioners have also relied on catena of judgments rendered by co-ordinate bench of this court prior to the impugned notification bringing in amendment to section 87 of the karnataka education act, 1983 (for short the act ) by act no.4 of 2015 and also subsequent to the impugned notification, wherein this court in batch of petitions has held that the teaching and non-teaching staff in aided schools are to be treated on parity with ..... this court in w.a.nos.2779 & 4868-5434/2013 while examining the identical issue wherein petitioners were seeking parity with teachers working in government schools, was of the view that the karnataka education act, 1983 takes into consideration the functioning of the government schools or institution as well as private aided educational 22 institutions. ..... in batch of writ petitions would submit to this court that, in catena of judgments, the courts have not extended the benefit to the petitioners on the basis of any lacuna either in the karnataka education act, 1983 or rules made thereunder and thereby enabling the legislation to fill up the said defect or loophole or lacuna in the enactment through the impugned enactment. .....

Chalamalasetty Satyendra Kumar and Others Etc. Vs. Government of A.P. ...

Court : Andhra Pradesh

Reported in : AIR1997AP28; 1996(3)ALT920

..... educational institutions (regulation of admissions and prohibition of capitation fees) act, 1983 (act v of 1983), section 3 1 therein provides inter alia as follows :--'regulation of admission into educationalinstitutions:-- (1) subject to such rules asmay be made in this behalf, admission intoeducational institutions shall be made eitheron the basis of the marks obtained in thequalifying examination or on the basis of theranking assigned in the entrance test conducted by such authority and in such manneras may be prescribed :provided that admission into medical and engineering colleges shall be made only ..... the court's attempt to have some other methods of judging the proficiency of the candidates with reference to their marks in the qualifying examinations has not succeeded as marks obtained by the candidates in the qualifying examinations are not available and section 3 of the andhra pradesh educational institutions (regulation of admissions and prohibition of capitation fee) act, 1983 (act 5 of 1983) mandates that admission into medical and engineering colleges shall be made only on the basis of the ranking assigned in the common entrance test. ..... educational (regulation of admission and prohibition of capitation fees) act, 1983 is invalid andconsequentially the entrance examination and/or selection of candidates for admission of mbbs course on the basis of the entrance examination results is invalid.8. .....

Sumithra P. D/O Krishnappa Acharya and ors. Vs. State of Karnataka Rep ...

Court : Karnataka

Reported in : ILR2009(3)KAR2752

..... learned counsel appearing for the petitioners would contend that having regard to proviso to section 87 of the karnataka education act, 1983, the teaching and non-teaching staff of the government schools should be treated on par with the teaching and non-teaching staff of the private aided educational institutions. ..... right to get the normal increments be entitled to one additional increment at the rate corresponding to his position in the time scale-(a) in the case of a government servant who has passed or is deemed to have passed the kannada language examination and the prescribed examinations, if any, before the date of commencement of these rules, from the date of commencement of these rules;(b) in the case of any other government servant who passes or is deemed to have passed the kannada language ..... examination and the prescribed examinations, if any, from the date of passing the last of such examinations:provided that no government servant shall be allowed more than one increment under this rule during his entire service under the governmentrule 6 has been amended from time .....

Dr. B.K. Naik and Others Vs. State of Karnataka, Ministry of Lay and P ...

Court : Karnataka Dharwad

..... iii) when section 87 of the karnataka education act, 1983, along with rules (1), (3), 2 (d), 3, 3 (1) (a) (b) (c), 3 (2) (a) and rule 17 (1) of karnataka education rules, has been examined, interpreted and held by the courts that employees working in private institutions are entitled for the triple benefit scheme on par with the employees working in institutions run by government, state cannot shrug off its ..... 14676/2001, 871/2004, 19431/2005 and 5145/2007 and upholding the contention of the petitioners that the triple benefit scheme rules and the government orders are not inconsonance with section 87 of the karnataka education act, 1983 thereby rejecting the government's contention that as per tbs rules only the service rendered in aided institutions be considered for qualifying service, the hon'ble high court on 13.10.2006 and 12.12.2007 allowed the writ ..... - (1) notwithstanding anything contained in the karnataka education act, 1983 (karnataka act 1 of 1995), any order of the state government or rules governing the conditions of employees of any private aided educational institution or any other law governing the grant in aid to the above employees or any judgment, decree or order of any court or tribunal or authority no employees of an aided institution is required to pass any service or kannada language examination or be eligible for or be granted any additional increment for having passed or deemed to have been passed .....

Dr (Ms) B K Naik Vs. State of Karnataka

Court : Karnataka Dharwad

..... iii) when section 87 of the karnataka education act, 1983, along with rules (1), (3), 2 (d), 3, 3 (1) (a) (b) (c), 3 (2) (a) and rule 17 (1) of karnataka education rules, has been examined, interpreted and held by the courts that employees working in private institutions are entitled for the triple :246. ..... : notwithstanding anything contained in the karnataka education act, 1983 (karnataka act 1 of 1995), any order of the state government or rules governing the conditions of employees of any private aided educational institution or any other law governing the grant in aid to the above employees or any judgment, decree or order of any court or tribunal or authority no employees of an aided institution is required to pass any service or kannada language examination or be eligible for or be granted any additional increment for having passed or deemed to have been passed ..... 14676/2001, 871/2004, 19431/2005 and upholding the petitioners that the triple benefit scheme rules and the government orders are not inconsonance with section 87 of the karnataka education act, 1983 thereby rejecting the government's contention that as per tbs rules only the service rendered institutions be in aided considered for qualifying service, the hon'ble high court on 13.10.2006 and 12.12.2007 allowed the writ .....

Tummuri Jalandhari Vs. the Government of A.P., Rep. by Its Prin

Court : Andhra Pradesh

..... may examine the procedural parameters prescribed under the rules, 2007, which were framed exercising the powers conferred by sections 3 and 15 of the andhra pradesh educational institutions (regulation of admission and prohibition of capitation fee) act, 1983 (a.p.act no.5 of 1983 ..... the learned senior counsel sri c.v.mohan reddy passionately urged on the part of petitioners/students that the petitioners are highly meritorious having secured 96.33%, 95.13% and 92.4% respectively in the intermediate public examination, and that they would have been placed at 8, 13 and 22 in the final admission list, had the respondent college followed the procedure and the directions issued by the learned single judge in the ..... the same, it leaves a bitter after taste in the mouth to speak that these students have missed their educational opportunity of pursuing medical courses on the procedural altar, when the very admission process has been mired in ..... 23823, 3997, 24143, 24136,24144, 24484, 24518, 24861, 25349, 25400, 25756, 25065, 23262, 23606, 22555 and 26919 of 2013 common order: preface: every academic year, after a scorching summer of the examinations comes the monsoon of admissions, burgeoning forth litigation in abundance, this year being no exception. ..... to throwing more light on certain areas of tma pai case (3 supra) the supreme court has constituted a five judge bench in islamic academy of education case (4 supra) to answer the questions which have arisen in the wake of tma pai case (3 supra) .....

Christian Medical College Vellore and ors Vs. Union of India and ors.

Court : Supreme Court of India

..... beyond the powers vested in it by the statute and its attempt to regulate and control the manner in which admissions are to be undertaken in these institutions, by introducing a single entrance examination, goes against the very grain of the fundamental rights vested in the religious and linguistic minorities to establish and administer educational institutions of their choice and to impart their religious values therein, so long as the same was not against the peace and security of the state.42. ..... ./49070, in purported exercise of the powers conferred by section 33 of the 1956 act, the medical council of india, with the previous approval of the central government, made similar amendments to the postgraduate medical education regulations, 2000, providing for a single eligibility cum entrance examination ..... a.p. educational institutions (regulation of admissions and prohibition of capitation fee) act, 1983, on the basis of the presidential order dated 10th may, 1979, made under article 371-d of the constitution, ..... a.p. educational institutions (regulation of admissions and prohibition of capitation fee) act, 1983, defining, inter alia, ".local ..... mr. rao submitted that the impugned notification of the medical council of india cannot be given effect to in view of the presidential order made under article 371d of the constitution and the 1983 act enacted in pursuance of the said order.82. ..... h. ganesh kamath [(1983) 2 scc .....

Rt. Rev. S. Vasantha Kumar S/O Shri Suputhnappa, Bishop, Karnataka Cen ...

Court : Karnataka

..... , being a minority institution, the institution therefore gets the protection of article 30 of the constitution of india and the kamataka education act, 1983 is not made applicable to the educational institutions recognized by the council of indian school certificate examination like the present institution by virtue of section 1(iii-a) of the said act ..... or other controlling authorities, however, can always prescribe the minimum qualifications, salaries, experience and other conditions bearing on the merit of an individual for being appointed as a teacher of an educational institution.regulations can be framed governing service conditions for teaching and other staff for whom aid is provided by the state without interfering with overall administrative control of management over the ..... and only when the plaintiff is able to establish by placing proper material as to the mala fide exercise of power by the executive committee headed by the 1st appellant, the question of considering the ground of mala fide act on the part of the appellant does arise and the plaintiff, if he succeeds in establishing the ground of mala tide intention on the part of the appellant, in that event, the plaintiff can always be compensated ..... reported in : (2002) 8 scc 481 that in so far as regulating the facets of administration, in case of an unaided minority educational institution, there should be minimal regulatory measure of control and the management should have the freedom and there should not be any external .....

Ms. Nandita S. Kumar Vs. State of Karnataka and Another

Court : Karnataka

Reported in : AIR2001Kant21; ILR2000KAR2565; 2000(6)KarLJ197

..... she substantiates her contention by referring to the karnataka education act, 1983 (hereinafter referred to as 'the act') and the rules framed thereunder (referred to as ..... , namely:'29(1) the state government shall by a notification specify the subjects in which answer scripts may be revalued'.appropriate steps would be taken by the respondents in this behalf to give effect the scope of section 22(2) of the education act read with section 145(xxxii) thereof. ..... though section 22(2) of the act confers power on the government to frame rules with respect to the 'pattern of examination system' and section 145(xxxii) relates to method of valuation or revaluation of answer scripts, it cannot be held that such wide power will enable the 1st respondent to frame a rule as in the nature of rule 29(1) which takes away ..... of the 'matter connected with the implementation of examination system' envisaged in section 22(2) of the act is revaluation of the answer script as well. ..... sub-section (xxxii) reads thus:'145(xxxii): the qualification necessary and other conditions to be fulfilled for appearing at the examinations conducted by the authorities under this act and the method of valuation or ..... pre-university course state level public examination rules, 1997, impugned herein whittles down the scope of section 145(xxxii). ..... section empowers the government to frame subordinate legislation and the scope of the power to frame rules is 'for all matters connected with the implementation of the examination .....

G. Giri Raju Govada Vs. Union of India and Others

Court : Andhra Pradesh

Reported in : 2000(1)ALD256; 1999(6)ALT511

..... educational institutions (regulations of admissions and prohibition of capitation fees) act, 1983, says that admission to educational institutions shall be made either on the basis of the marks obtained in the qualifying examination or on the basis of the ranking assigned in the entrance test. ..... kurvkshetra university (supra), squarely applies to the facts of this case as their lordships in that case held that when once a candidate is allowed to take the examination, rightly or wrongly, the right of the university to withdraw such admission is not available and the authority of the university cannot refuse admission subsequently for any infirmity which, in fact, should have been looked into by ..... the learned counsel further submits that though the appellant had secured only 52.5% of marks in the qualifying examination, in both the written test and the oral interview, hewas far above all the other candidates who were admitted and that out of 30 seats only 29 were filled and atleast for that seat ..... if the university authorities acquiesced in the infirmities which the admission form contained and allowed the candidate to appear in the examination, then by force of the university statute the university had no power to withdraw the candidature of the candidate.'10. ..... it is only at the stage of the declaration of his results of the pre-law and inter-law examinations that the university raised the objection to his so-called ineligibility to be admitted to the law course. ..... section 3 of the a.p. .....