Court : Allahabad
..... been concerned about the welfare of scheduled castes (scs), scheduled tribes (sts), and socially and educationally backward classes (sebcs) of citizens, but it would be not enough unless the education section as a whole, comes forward and contributes in delivering the hope of removal of social and ..... article 15 (5) and section 4 of the act of 2006 can be made only by an unaided educational institution and not by ..... given the inequities and inequality of status and opportunity marring indian society and the ground reality of widespread disparity in access to education and employment for the scs, sts, sebcs and obcs, the scheme envisaged under article 15 (4), 15 (5), 16 (4a) and 16 (4b) and article 46 and part xvi of the constitution is designed to ..... as per our understanding, neither in the judgment of pai foundation nor in the constitution bench decision in kerala education bill, which was approved by pai foundation, there is anything which would allow the state to regulate or control admissions in the unaided professional educational institutions so as to compel them to give up a share of the available seats to the candidates chosen by the state, as if it was filling the seats available to be filled up ..... or affiliation has to be sought from the educational authority or the body that conducts the school-leaving examination. ..... college it was observed that so far as standard of education is concerned, it is a matter of body politic and is governed by considerations of the advancement of .....
Tag this Judgment!Court : Delhi
..... whether in unaided minority schools for dismissal or removal etc of an employee there was or was not required any permission of the director of education and it was held that with respect to minority unaided institutions, for dismissal of an employee or removal of an employee, no prior permission is required of the director of education as section 8(2) of the delhi school education act, 1973 (which required prior permission for dismissal etc) did not apply to minority unaided schools.7. ..... though counsel for the petitioner contends that the issue decided in the case of g.vallikumari (supra) is much larger of application of section 12 of the delhi school education act, 1973, however, ultimately, the judgment in the case of g.vallikumari (supra) basically reiterates the ratio of the supreme court in the case of frank ..... to the suspension order dated 7.10.2011, counsel for the petitioner relies upon the provision of section 8(4) of the delhi school education act, 1973 and the judgment of the supreme court in the case of g.vallikumari vs. ..... scc 707.which struck down the constitutional validity of section 8(2) of the delhi school education act, 1973 so far as the minority unaided educational institutions are concerned. ..... of the counsel for the respondent no.1 that the disciplinary proceedings will be conducted in accordance with the provision of the delhi school education act and rules, 1973 counsel for the petitioner, very fairly does not press the relief of stay of the show cause notice.4. .....
Tag this Judgment!Court : Karnataka Dharwad
..... 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. ..... government as per the grant-in-aid code under the department of collegiate education with effect from 01.01.1986 and extended the career advancement scheme inter alia to the librarian physical education personnel in the aided colleges; and and whereas in exercise of the powers conferred by sub-section (1) of section 145 of the karnataka education act, 1983, the government has issued rules namely the karnataka educational institutions (recruitment and terms and conditions of service of employees in aided ..... 06.2003, which was issued with the intention of counting non-grant period service for automatic advancement advancement scheme scheme of conditions specified in the guidelines issued competent authorities/bodies; and career subject fulfillment the by to the and scheme, contention 5145/2007 of and whereas, the non-reckoning of non-grant period of service for automatic advancement career advancement scheme and ..... taken into consideration any fresh material nor it has taken into consideration any report from competent and expert bodies to arrive at a conclusion that the impugned :339. .....
Tag this Judgment!Court : Delhi
..... referring to section 4 of the right to education act and explanation to rule 21 of the recognized schools (admission procedure for pre-primary class) order, 2007 had noted herein as under:-" the counsel for the petitioners however contends that if such an interpretation is taken, the first proviso to section 4 of rte act will become ..... on behalf of the petitioner it is pointed out that even presuming private unaided schools are not strictly governed by the provisions of right to education act and do not come under the purview of respondent no.1 yet the judgment relied upon by respondent no.2 itself clearly indicates that regulatory measures can be enforced by respondent no.1; it was well within the domain of respondent no.1 to ..... it is pointed out that the concept of an autonomy of such private unaided schools has been recognized by the virtue of section 3 of the delhi school education act and rule 185 of the delhi school education rules. ..... of respondent no.1 in its counter affidavit is that since respondent no.2 is a private un-aided minority institution, the provisions of right of children to free and compulsory education act, 2009 is not applicable and this has been up-held by the supreme court in (2012) 6 scc1socieity for unaided private schools of rajasthan vs. ..... the fixing of a rigid fee structure, dictating the formation and composition of a government body, compulsory nomination of teachers and staff for appointment or nominating students for admissions would be unacceptable .....
Tag this Judgment!Court : Delhi
..... oral order of (i) declaring termination dated 23.06.2012 is illegal, arbitrary, malfide and in violation of provisions of rules 117 to 120 of delhi school education act & rules-1973 and the principles of natural justice and is not binding on the appellant and no-est in eye of law. ..... only an employee of the society, there was no question of termination of his employment by the school and it was accordingly prayed that since the apeejay education society did not fall within the ambit of the delhi school education act and rules, the appeal was not maintainable and liable to be dismissed on this ground alone. ..... counsel for the appellants is that, even otherwise the appellant no.1, being a recognized school, it could make appointments of its employees only by following the procedure prescribed under rule 96(3)(c) of the delhi school education rules, which clearly mandate that an appointment of an employee to the school would be made by the selection committee comprising of the chairman of the managing committee or a member of the managing committee, ..... on his regular scale of pay and enjoying all the statutory benefits and right under delhi school education act & rules-1973 without any break in service. ..... allegations were made against him only because he had raised demands for getting the pay scale in accordance with the delhi school education act. ..... no.2 also brought out that the school was giving him a lower scale than payable to him as per the provisions of delhi school education act. .....
Tag this Judgment!Court : US Supreme Court
..... 602 ; (a) there is less danger here than in church-related primary and secondary schools dealing with impressionable children that religion will permeate the area of secular education, since religious indoctrination is not a substantial purpose or activity of these church-related colleges, (b) the facilities provided here are themselves religiously neutral, with correspondingly less need for government surveillance, and (c) ..... 672 appeal from the united states district court for the district of connecticut syllabus the higher education facilities act of 1963 provides federal construction grants for college and university facilities, excluding "any facility used or to be used for sectarian instruction or as a place for religious worship, or ..... supports the district court's findings that the colleges involved have not violated the statutory restrictions; it provides no basis for assuming that religiosity necessarily permeates the secular education of the colleges; and it yields no evidence that religion seeps into the use of any of the five facilities. pp. ..... transportation, textbooks, and tax exemptions all gave aid in the sense that religious bodies would otherwise have been forced to find other sources from which to finance these ..... applying for a federal grant is only required to provide assurances that the facility will not be used for sectarian instruction or religious worship "during at least the period of the federal interest therein (as defined in section 754 of this title). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(5)ALT694
..... as per section 20 of the andhra pradesh education act, 1982 (for short 'the act') the competent authority shall conduct a survey so as to identify the educational needs of the locality under its jurisdiction and notify through the local news papers calling for applications from the educational agencies desirous of establishing educational institutions.7. ..... (2) in pursuance of the notification under sub-section (1), any educational agency including local authority or registered body of persons intending to -(a) establish an institution imparting education;(b) open higher classes in an institution imparting primary education;(c) upgrade any such institution into a high school; or(d) open new courses (certificate, diploma, degree, post-graduate degree courses, etc. ..... the word 'management' has been defined under section 2(27) of the act as the managing committee or the governing body, by whatever name called, of a private institution under which the affairs of the said institution are entrusted, but does not include a manager.12. ..... rule 4 of the said rules further provides that permission for establishment of any of the educational institutions mentioned in rule 1(2) shall be granted only if the conditions laid down in section 20 of the act are specified and after obtaining the prior approval of the commissionerate under section 11(2) of the andhra pradesh commissionerate of higher education act, 1986. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC2548; (2001)3UPLBEC2300
..... if onelooks to the past history of the intermediate education act, one would find that the entire procedure of making appointment/recruitment to the post of principal, ..... the director of education does not enjoy any power under the provisions of the u.p.intermediate education act, 1921, and ..... education act in any way can be said to have abrogated the provisions of the services commission act ..... which has been imposed by the state government on the facts and circumstances of the case cannot be said to be affecting any provision of the services commission act but was restraining the management for a temporary period from making or taking any process for the purpose of appointment/ recruitment of the principal, lecturer and l. ..... the salary is paid by the state to the government-aided private educational institutions, public interest demands that the teachers' selection must be in accordance with the procedure prescribed under the act read with the first 1981 order. ..... the power given to the management to make appointments temporarily and, in our opinion, does not affect the provisions of the service commission act which only provides a procedure for selection on the basis of which the management could make the appointment. ..... not in session and immediate legislative action in the matter was necessary, the uttar pradesh secondary education services commission and selection boards (amendment) ordinance, 1992 (u.p. ..... counsel for the petitioner on the basis of section 33c has also no merit.13. ..... 1983 .....
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT1024; 1994(II)OLR550
..... section 10 a of the orissa education act provides that the services of a teacher of an aided educational institution shall not be terminated without obtaining the prior approval in writing of the circle inspector of schools having jurisdiction. ..... the school being an aided educational institution, the provisions of the orissa education act apply fully. ..... the managing committee after terminating the petitioner's services sought for approval of the inspector of schools in accordance with sec, 10-a of the orissa education act, as the school is an aided educational institution. ..... section 10-a was brought into the statute book by amending act 17 of 1974 to check arbitrary and indiscriminate termination of the employees of the aided educational institutions. ..... therefore even in a case where a teacher remains absent without leave though his services could be terminated, but it must be subject to prior approval of the inspector, as envisaged in section 10-a of the act and that approval also must be in writing. ..... 1990, under annexure-10, without the prior approval of the inspector, the same is violative of the mandatory requirement of section 10-a of the act and as such is null and void. ..... swain appearing for the petitioner also contended that on the admitted facts, the petitioner's service must be held to have been validated in the eye of law in view of the orissa aided educational institutions (appointment of teachers' validation) act, 9 of 1989 read with amendment act. .....
Tag this Judgment!Court : Chennai
Reported in : 2008(1)CTC644; (2008)3MLJ325
..... (telungana area) public societies registration act, 1350f; institute of chartered financial analyst india university, tripura act, 2004; institute of chartered financial analysts of india university sikkim act, 2004; institute of chartered financial analysts of india university act, 2005; university grants commission act, 1956 - sections 2, 5, 6 and 22; maharashtra educational institutions (transfer of management) act, 1976; all india council for technical education act; national council for teacher education act; bar council of india act; private universities act; companies act, 1956 - section 25; constitution of india - article 246; university ..... region and for performing such other functions as may be conferred on such centre by the board of management.section-5: the university shall be self-financing and shall neither make a demand nor, shall be entitled to any grant in aid or any other financial assistance from the state government or any other body or corporation owned or controlled by the state government.section-6: the university may have constituent colleges, regional centers and study centres but shall have ..... if the training imparted by them does not lead to the award of a recognised degree or diploma, the prospectus and every advertisement soliciting students must state so in unambiguous systems.it was based on the said thorough study, the expert committee has made various recommendations to the state of maharastra.21. .....
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