Court : Orissa
Decided on : Sep-27-2013
..... regional committee to impart b.ed. and c.t. courses. since there is no conflict 34 between sections 7-e and 7-f of the act, 1969 and ncte act, 1993, the question of ncte act superseding the state act, 1969 does no.arise. the observations made in the order dated 16.5.2012 passed in w.p. (c) no.2656 of 2012 ..... private institution offering or intending to offer a course of training in teachers education is granted recognition unless it satisfies the conditions specified in section 14 (3) (a) of the act, 1993 and regulations 7 and 8 of the regulations, 2009.12. mr. samal, learned standing counsel appearing for opposite party no.1-school & mass education department submitted that opening ..... with the requirement of regulations, 2009. right to impart education is a fundamental right as has been held by the hon ble supreme court in the case of tma pai foundation and other vs. state of karnataka and others, (2002) 8 scc 481. the action of opposite party no.1 is violative of articles 14 and 19(1)(g) .....
Tag this Judgment!Court : Orissa
Decided on : Jul-31-2013
..... definition of private professional educational institution as defined under section 2(s) of the orissa act, 2007 ). consequent upon the judgment delivered by the bench consisting of eleven judges of the hon ble supreme court in the case of t.m.a. pai foundation 3 vs. state of karnataka, (2002) 8 scc 481.the all india council for ..... technical education and training (aicte) has formulated its regulations/guidelines vide its interim regulation notified on 07.03.2003 in exercise of its power conferred under section 23 read with sections 10(b), 10(j) and 10(o) of the aicte act, 1987 ..... submission made in w.p.(c) no.13683 of 2013 agitated further following points 12. mr. das, placing reliance on paragraph 68 of t.m.a.pai foundation case (supra) submitted that the management of such institutions need to be given sufficient discretion in admitting students such as by allotting certain percentage of seats which can .....
Tag this Judgment!Court : Orissa
Decided on : Jul-31-2013
..... definition of private professional educational institution as defined under section 2(s) of the orissa act, 2007 ). consequent upon the judgment delivered by the bench consisting of eleven judges of the hon ble supreme court in the case of t.m.a. pai foundation 3 vs. state of karnataka, (2002) 8 scc 481.the all india council for ..... technical education and training (aicte) has formulated its regulations/guidelines vide its interim regulation notified on 07.03.2003 in exercise of its power conferred under section 23 read with sections 10(b), 10(j) and 10(o) of the aicte act, 1987 ..... submission made in w.p.(c) no.13683 of 2013 agitated further following points 12. mr. das, placing reliance on paragraph 68 of t.m.a.pai foundation case (supra) submitted that the management of such institutions need to be given sufficient discretion in admitting students such as by allotting certain percentage of seats which can .....
Tag this Judgment!Court : Orissa
Decided on : Jul-24-2013
..... ble supreme court in the case of tata cellular vs. union of india, air 199.sc 1.held as under: 98. at this stage, the supreme court practice, 1993, vol. 1, pp. 849-850, may be quoted :4. wednesbury principle. a decision of a public authority will be liable to be quashed or otherwise dealt with ..... by an appropriate order in judicial review proceedings where the court concludes that the decision is such that no authority properly directing 28 itself on the relevant law and acting reasonably could have reached it. (associated provincial picture houses ltd. v. wednesbury corpn. 31, per lord greene, m.r.) .99. two other facets of irrationality ..... petitioners that the excise policy and the order suffers from gross infirmity, arbitrariness, unreasonableness, discrimination and the same has the tendency of overriding various provisions of the act and rules made thereunder.4. per contra, opposite party-state has filed counter affidavit in w.p.(c) no.8084 of 2013 taking various stands opposing the .....
Tag this Judgment!Court : Orissa
Decided on : Mar-15-2013
..... be an amount paid connected with any consideration and not resting upon it, and has to be considered something given freely or without recompense. it does not have foundation on any legal liability, but upon a bounty steaming from appreciation and graciousness. long service carries with its expectation of an appreciation from the employer and a ..... commercial establishment as well not commercial establishments and no limited meaning can be given to the word establishment which has been referred to in section 1(3)(b) of the act, 1972.14. this court in the case of administrator, shree jagannath temple, puri (supra) has held as under: 4. according to the compact edition of the ..... remedy available to the petitioner. the impugned order has been passed on 29.11.2010. the period of limitation for appeal under section 7(7) of the act, 1972 is 60 days. the order having not been challenged before the appropriate forum within the period of limitation it has attained finality. the petitioner has also .....
Tag this Judgment!Court : Orissa
Decided on : Sep-12-2013
..... of the school instructed to replace untrained hands by trained teachers, failing which the recognition of the school shall be held up for the academic session 1993-1994 for which the managing committee terminated the service of the appellant with effect from 10.1.1994 and appointed the respondent no.5, who was ..... 9 of the impugned judgment concluded as follows: for recognition of a school and its renewal required the compliance of the provision under section 6 of the act, so also for the provision for admitting grant-in-aid. since the recognition has got priority over the fate of continuance of an unqualified person there ..... n t: the honourable shri justice m.m.das --------------------------------------------------------------------------------------------------- m.m. das, j.this appeal has been filed under section 24-c of the orissa education act, 1969 calling in question the judgment dated 31.3.2010 passed by the state education tribunal, bhubaneswar in g.i.a. case no.84 of 2008 2. .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-2013
..... there ought to be an end to the same litigation. it is well settled that section 11 of the civil procedure code, 1908 (hereinafter cpc .) is no.the foundation of the principle of res judicata, but merely statutory recognition thereof and hence, the section is no.13 to be considered exhaustive of the general principle of law ..... this is manifestly clear from annexures- 5 and 6 to the rejoinder affidavit. opposite parties contumaciously placed the orders for cover printing with some printers whereby acting beyond the advertised tender and continuing with a separate and parallel printing and binding work although the very work in question is sub judice in the present ..... the year 2009 was quashed has attained finality as the same has never been challenged before any forum. after passing of the judgment, opposite parties had acted upon the decision and implemented the same in the tenders issued subsequently, awarding printing and binding works to the private printers and binders of the state. .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-2013
..... there ought to be an end to the same litigation. it is well settled that section 11 of the civil procedure code, 1908 (hereinafter cpc .) is no.the foundation of the principle of res judicata, but merely statutory recognition thereof and hence, the section is no.13 to be considered exhaustive of the general principle of law ..... this is manifestly clear from annexures- 5 and 6 to the rejoinder affidavit. opposite parties contumaciously placed the orders for cover printing with some printers whereby acting beyond the advertised tender and continuing with a separate and parallel printing and binding work although the very work in question is sub judice in the present ..... the year 2009 was quashed has attained finality as the same has never been challenged before any forum. after passing of the judgment, opposite parties had acted upon the decision and implemented the same in the tenders issued subsequently, awarding printing and binding works to the private printers and binders of the state. .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-2013
..... there ought to be an end to the same litigation. it is well settled that section 11 of the civil procedure code, 1908 (hereinafter cpc .) is no.the foundation of the principle of res judicata, but merely statutory recognition thereof and hence, the section is no.13 to be considered exhaustive of the general principle of law ..... this is manifestly clear from annexures- 5 and 6 to the rejoinder affidavit. opposite parties contumaciously placed the orders for cover printing with some printers whereby acting beyond the advertised tender and continuing with a separate and parallel printing and binding work although the very work in question is sub judice in the present ..... the year 2009 was quashed has attained finality as the same has never been challenged before any forum. after passing of the judgment, opposite parties had acted upon the decision and implemented the same in the tenders issued subsequently, awarding printing and binding works to the private printers and binders of the state. .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-2013
..... there ought to be an end to the same litigation. it is well settled that section 11 of the civil procedure code, 1908 (hereinafter cpc .) is no.the foundation of the principle of res judicata, but merely statutory recognition thereof and hence, the section is no.13 to be considered exhaustive of the general principle of law ..... this is manifestly clear from annexures- 5 and 6 to the rejoinder affidavit. opposite parties contumaciously placed the orders for cover printing with some printers whereby acting beyond the advertised tender and continuing with a separate and parallel printing and binding work although the very work in question is sub judice in the present ..... the year 2009 was quashed has attained finality as the same has never been challenged before any forum. after passing of the judgment, opposite parties had acted upon the decision and implemented the same in the tenders issued subsequently, awarding printing and binding works to the private printers and binders of the state. .....
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