Judgment Search Results Home > Cases Phrase: education act 1983 section 32 upgradation of educational institutions etc Court: jharkhand Page 1 of about 58 results (0.090 seconds)

Md Fekarul Shaikh Vs. Human Resource Development

Court : Jharkhand

..... learned counsel for the state has further submitted that as per the provisions of right to education act, 2009, the principal secretary, human resources development department ordered that as per section 23 (1) it is mandatory to be trained and pass in teacher eligibility test for selection as para teacher as evident ..... learned counsel for the petitioner submits that right of children to free and compulsory education act, 2009 came into effect in the state of jharkhand from april 2010 and the qualification of tet was made mandatory only after the national council for teacher education (ncte) came out with notification dated 23rd august 2010 and therefore, these qualifications are not applicable in the present case ..... petitioner further submits that so far as the contention of the respondent that right to education act, 2009 has become effective and without training and tet certificate, no para teacher can ..... moreover, have a selection been made prior to coming into force of right to education act, 2009 then certainly respondents could not have insisted upon the necessary training and passing of teachers eligibility test (tet) for selection of para teacher but in ..... it has been asserted in the writ application that the respondent no.4 was appointed as para teacher in the upgraded middle school, sitesh nagar of which he is a permanent resident and respondent no.4 also accepted an agreement on 01.07.2009 vide annexure-11 to the writ application and as such he cannot claim another .....

Lucy Hansda and ors. with Vs. State of Bihar and ors.

Court : Jharkhand

Reported in : 2001(49)BLJR747

..... the plain reading of sections 14 and 16 of the national council for teachers education act, 1993, it will be evident that though for recognition of an institution, which is already offering courses or training in teachers education and/or a new institution which wants to establish, for both, it is mandatory to obtain recognition from the council, but the question of affiliation of an institution by an university arises only in the case of an institution, which is not affiliated and as such the question of affiliation afresh of an institution already affiliated and ..... in view of promulgation of the 'national council for teachers education act, 1993 (for short, 'act'), though the colleges, in question, continued with admission of students for the subsequent session 1996-97 onwards, the ranchi university did not choose to hold examination in absence of recognition of institution under section 14 of the act. 9. ..... the regional committee from any institution under sub-section (1), and after obtaining from the institution concerned such other particulars as it may considers necessary, it shall,-- (a) if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfills such other conditions requires for proper functioning of the institution for a course or training in teachers education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions .....

Dilip Kumar Gupta and ors. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2005(2)BLJR1059; [2005(2)JCR293(Jhr)]

..... under section 14 of act, 1993 for offering or intending to offer a course or training in the teacher education it was made mandatory for an institute to obtain recognition from ncte. ..... it was submitted that the state of jharkhand, having upgraded the standard of a competitive examination from matric standard to graduate standard, as per the court's order, intended to appoint even untrained teachers and thereafter to send them for in-service training as prescribed under proviso to rule 4(ga), wherein, ..... , 1983, issued from education department of the government of bihar does not deal with any of the degree/diplomas, granted by or examination, conducted by the hindi sahitya sammelan, allahabad and thereby the appellants can not derive any advantage of letter no, 152 dated 29th march, 2000.the state of bihar time to time issued different letters/circulars from its education department/human resources development department, showing equivalence of a degree/diploma/certificate, granted by different institutions. ..... by the said letter, while all the deputy commissioners, regional deputy directors of education and the district superintendents of education of the state of jharkhand were directed to verify the certificates and other documents of the recommended candidates, it was also informed that a large number of forged/ doubtful certificates have been found during the district-wise verification in the districts of sahibganj, hazaribagh, chatra etc.. .....

Ajit Kumar Giri and Ors Vs. Human Resources Department

Court : Jharkhand

..... per contra, the learned counsel for the respondents, while referring to the counter affidavits filed on behalf of the respondents, submits that right of children to free and compulsory education act, 2009 (in short to be referred as rte act 2009 ) came into existence with effect from 1st april, 2010, wherein it is provided that any person possessing such minimum qualifications, as laid down by an academic authority, authorized by the central government, shall be eligible for ..... and compulsory education act, 2009, the state government had to provide at least three trained graduate teachers for every upper primary classes to teach (i) science subject; (ii) social science subject; and (iii) language, but due to lack of sanctioned units of trained graduate teachers, the earlier unit of 7926 intermediate trained teachers, which was kept in abeyance (dormant) after recommendation of the 4th pay revision commission report, were again revalidated and upgraded as trained ..... in our considered view, the aforesaid contentions raised by the learned counsel for the petitioners are unfounded, since after promulgation of right to free and compulsory education act, 2009, the tet was made compulsory and, thereafter, the national council for teachers education (ncte) vide notification dated 23.8.2010 also made the provision that the candidates applying for the post of teacher for class-vi to class-viii have also to pass the tet .....

The State of Jharkhand and Ors Vs. Moulishri Priya and Ors

Court : Jharkhand

..... ') under sub-section 1 of section 23 of the right of children to free and compulsory education act, 2009.though this minimum qualification or eligibility was not with the respondents, they were given appointment as teachers in primary schools on compassionate basis on account of death of their respective ..... occassion an error was committed by the state of jharkhand by giving them appointment as teachers in violation of the provisions of right of children to free and compulsory education act, 2009 (hereinafter referred as act, 2009), to be read with the notification issued under section 23(1) thereof by n.c.t.e. ..... does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the central government may, if it deems necessary, by notification , relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification: provided that a teacher who, at the commencement of this act, does not posses minimum ..... dated 23rd /25th of august, 2010 in exercise of the powers under sub-section (1) of section 23 of the act, 2009, whereby for the primary teachers it has been mentioned that a candidate must have minimum 50% of the marks in senior secondary examination + two years diploma in education + must have passed teachers eligibility test, can be appointed as teachers. .....

St. Thomas School Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2008(56)BLJR446; [2007(4)JCR482(Jhr)]

..... application to tribunal (1) subject to other provisions of this act, a person aggrieved by an order pertaining to any matter within the jurisdiction of a tribunal may make an application to the tribunal for the redressal of his grievances.explanation- for the purposes of this sub-section 'order' mans an order made: (a) by the management of an aided, affiliated and private education institution;(b) by an officer, committee or other body or agency of such educational institution referred to in clause (a). ..... any notice was given to the concerned schools which, according to the tribunal has raised the educational fees and bus fare nor any reason has been recorded in the impugned order for non-compliance of clause- (a) and (b) of section 13 and, therefore, in my view, the impugned order comes directly under the teeth of section 13 of the jharkhand education tribunal act and, therefore, the same cannot be sustained.12. from the impugned order it further appears that .....

Vinoba Bhave University, Through the Vice-chancellor and ors. Vs. Imam ...

Court : Jharkhand

Reported in : 2005(1)BLJR717; [2005(2)JCR49(Jhr)]

..... 2 al-habeeb teacher's training college, bokaro steel city, bokaro (hereinafter to be referred to as 'the institution') on the ground that the institution had been granted recognition by the state government for the sessions 1991-92 onwards till 1st july, 1995 where the central act, namely, nation council of teachers education act, 1993 (in short 'ncte act',) came into effect.3. ..... affiliation to a teachers training college,(iii) the so called order of affiliation dated 25th february, 1999 can not be treated to be an affiliation, granted by the university, having been given by the acting vice-chancellor of the university, who had no jurisdiction,(iv) the national council of teachers education having rejected the claim of the petitioner institution to grant affiliation by letter dated 13th march, 2000, the university can not be directed to held examination for the students of the aforesaid ..... in case of refusal to give recognition by the national council of teachers education, the university was bound to cancel the affiliation of an institution as envisaged under clause (b) of sub-section (6) of section 14 of the act, 1993. ..... under section 14 of the ncte act, 1993 the institutions, already offering the course or training in teachers education, have been allowed to make applications for their recognition by national council of teachers education. .....

Parshuram Pathak Vs. Human Resources Department

Court : Jharkhand

..... shows that the said hathwa raj gayanodaya sanskrit mahavidayalaya, was upgraded to impart education up to degree level from the year 1985-1986 by the university and subsequently the approval was also granted by the state of bihar from session 1988-1989 and accordingly, the division bench of patna high court held that the said institution could not be said to be a higher secondary school and ..... the backdrop of these facts, it was held by the patna high court that since the college was upgraded to the degree level from 1985-1986 by the university, the said institution could not be said to be a higher secondary school and its teachers could not be paid the ..... submission of the learned counsel for the petitioner that the patna high court has decided in similar case that the benefits of the bihar state universities act shall be applicable to the teachers of the sanskrit institutions imparting education up to upshastri level also, and they shall retire upon attaining the age of 62 years, is to be considered. ..... petitioner claims that since the college was taken over by the university, the petitioner shall also be governed by the jharkhand state universities act, and in view of section 67(a) of the said act, the age of retirement of a teacher in an university is 62 years (now 65 years), which shall also be applicable ..... the state of jharkhand, vinoba bhave university has taken over the college of the petitioner only for limited purposes of conducting the examination, fixation of the syllabus etc. .....

Harsh Vardhan Mathur (H.V. Mathur) Vs. Xavior Labour Relations Institu ...

Court : Jharkhand

Reported in : [2006(109)FLR617]; [2006(2)JCR90(Jhr)]

..... submitted that educational institution is not covered under the meaning of the establishment under the act. ..... sinha appearing for the respondent submitted that even according to the petitioner, the respondent has been running the institution for imparting post graduate diploma in business management and diploma course in personnel management and industrial relations, and he was a professor under ..... further submitted that the respondent is a management institute and several activities are undertaken by it in connection with education. ..... 5 of 1994, whereby and where-under, the petitioner's application, under section 26(2) of the bihar shops and establishment act, 1953 (the act for short), has been rejected on the ground of if being not maintainable ..... submitted that for running institution, the respondent-institute has to generate funds. ..... he submitted that the respondent-institute is not covered under the definition of establishment under the act. 4. mr. ..... submitted that the petitioner himself admitted that the institute is not profit oriented. ..... submitted that the activities undertaken by the respondent other than the educational activities are not incidental to education and, thus, even in the absence of motive of profit the respondent is an establishment under the act.3. mr. ..... for the petitioner submitted that apart from imparting education, respondent is undertaking other activities by selling its services, which has got an element of business and thus it is an establishment under the act. .....

Hamid Shaikh Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2005(3)BLJR1863; [2005(4)JCR149(Jhr)]

..... the petitioner having completed teachers training course after 1st july, 1995/1st january, 1996 from an institute, not recognized by the national council for teachers education and as the university had no jurisdiction to conduct such examination in view of clause (b) to section 16 of the ncte act, 1993 after 1st january, 1996, the petitioner can not claim appointment on the basis of ..... education, can run the institute without prior recognition by the ncte, there being bar to run such institute under sub-section (1) to section 14 of the ncte act, 1993;(c) even if a teachers training institute is affiliated to a university, recognized by the university grant commission, no teachers training examination can be held by the university whether provisional or otherwise, for the students of such teachers training college after 1st january, 1996, if the institute ..... follows :'in the facts and circumstances, having regard to the guidelines, issued by the state from time to time, and the provisions of the ordinances, acts and rules, as discussed above, in my considered opinion :(a) 'recognized institute' means an institution recognised or established by state government or union government or by statutory bodies/organizations, maintained and controlled by either state government or central government or recognized ..... assembled at morabadi ground, ranchi, on 15th november, 2003 along with others and, thereafter, having been asked, he produced all the relevant educational certificates etc. .....