Court : Madhya Pradesh
Reported in : 1992(0)MPLJ26
..... it is directed that the respondents should consider the cases of the petitioners within a period of two months from today for their admission in medical college, jabalpur in the light of clause (e) of the mandatory recommendations, which are said to be approved under section 33 of the indian medical council act, 1956 and the above decision of the supreme court. ..... it seems that these rules do not include the consideration of the candidates seeking transfer from the universities outside india so also the recommendations reproduced above do not take note of such cases. ..... the course at tanzania university being equivalent to the course at jabalpur university, the petitioners are entitled for admission at jabalpur especially when the dean, medical college, jabalpur has no objection.5. ..... 1 got admission in muhimbili medical college in the faculty of medicine which is affiliated to the university of dar-es-salam in 1988. ..... 'o' level as well as 'a' level examination from the university of london conducted by the education council of the govt. ..... university of delhi, air 1989 sc 1568, the apex court had considered the cases of candidates leaving for foreign country on transfer of their parents and coming back seeking readmission in india on the basis of transfer. ..... submission of the petitioners is that the medical council of india is only an advisory body, which has no jurisdiction to refuse admission from tanzania university which is a recognised university. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP110; 2004(3)MPHT145; 2004(2)MPLJ281
..... section 26 of the adhiniyam, 1973 contains powers of the academic council and sub-section (v) thereof provides that the academic council is empowered to consider the application for admission of an educational institution to the privileges of the university ..... so, the contention that privilege has been withdrawn to the limited purpose of refusing to hold examinations, in the opinion of this court, the university is acting unreasonably with the students. ..... in this section that subject to the provisions of the act, and the statutes, ordinances and regulations, the executive council shall perform the powers and functions in accordance with the provisions of this section. ..... section 24 sub-section (xii) of the adhiniyam, clearly indicates that the privilege is to be granted by the executive council on the basis of the recommendations of the academic council with previous sanction of the commissioner, higher education and subject to the provisions of the act ..... wrongful refusal to exercise jurisdiction or doing an act in an unreasonable manner amounts to misuse of the discretionary power and in such circumstances the breach complained of can be redressed by issuance ..... the authority exercised its power reasonably or abused it or has acted in an irrational, unreasonable and arbitrary manner or the ..... available against any public authority including administrative and local bodies, and it would lie to any person who is under a duty imposed by a statute or by the common law to do a particular act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(1)MPHT533
..... while the notification under section 52 of the act was in operation, the vice-chancellor of the respondent-university by letter dated 28th of april, 1998 was informed that the chancellor of the university proposes to constitute a committee in accordance with section 13 (2) of the act for appointment of the vice-chancellor and accordingly, he was requested to send one person selected by the executive council. ..... under section 52 (3) of the act, a person appointed as vice-chancellor during the period of operation of the notification, holds office during the period of operation of the notification and although the proviso to the aforesaid section does contemplate of continuance in the office until the successor enters upon the office, but in case it is held that the chancellor cannot take steps in constituting the committee for appointment of vice-chancellor during the period of operation of notification under section 52 (1) of the act, then in no case, the main provision of section 52 (3) of the act can have any role ..... 1, a preliminary objection has been raised that under section 12(1) of the act, the governor of madhya pradesh, is the chancellor of the university and in view of article 361 of the constitution of india, governor shall not be answerable to any court, he ought not to have been impleaded as a party ..... 4685/98) as the vice-chancellor of the university, until further orders, in exercise of powers conferred under modified sections 13 & 14 read with section 52 (3) of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(1)MPHT515; 2004(1)MPLJ9
..... terms and conditions as it may think fit to- (i) technical institutions, and(ii) universities imparting technical education in coordination with the commission; (d) promote innovations research and development in established and new technologies, generation, adoption and adaptation of new technologies to meet developmental requirements and for overall improvement of educational processes;(e) formulate schemes for promoting technical education for women, handicapped and weaker sections of the society;(f) promote an effective link between technical education system and other ..... all india council of technical education can make recommendation as provided under section 10 of the all india council for technical education act, 1987 and the recommendations are not in any way in derogation to the 'education regulation', which have been framed in the year 1991 by the pharmacy council of india. ..... relevant systems including research and development organisations, industry and the community;(g) evolve suitable performance appraisal systems for technical institutions and universities imparting technical education, incorporating norms and mechanisms for enforcing accountability;(h) formulate schemes for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ554
..... the provisions contained in section 49(2)(ii) of the act require that the head of the university department in the subject concerned if he is professor or where the head of the university department in the subject concerned, is not a professor or when the selection is to be made for the post of a professor, the dean of the faculty concerned had to be one of the member of the selection committee. ..... , reported in 1989 mplj 389 = 1989 lab ic 1978 , had clarified that a defect, if any, in the constitution of the selection committee or the irregularity, if any, in the procedure, stands cured under section 58 of the act of 1973, which provides that no act or proceeding of any authority, committee or body of the university shall be invalid merely by reason of any vacancy in or defect in the constitution thereof, or any defect in the election^ nomination or appointment of a person acting as a member thereto, or any irregularity in its procedure not affecting the merits of the case.39-a. ..... it may be noticed that the petitioner has impleaded jiwaji university, gwalior, through its vice-chancellor, as the respondent no. ..... on 18-9-1991, the respondent-university filed in this court a list of candidates who had applied for the post of lecturer in the subject of bio-chemistry, who had been called for interview. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(4)MPHT40
..... 2, university has been established under the madhya pradesh bhoj (open) university adhiniyam, 1991 for the purpose of encouraging open universities and distance education systems within the state and, therefore, the said university falls within the framework of section 4 of the ignou act for the purposes of co-ordination of distance education system and accordingly regulated by answering respondents and further in view of the apex court's judgments the said university cannot have any off-campus centre outside the territorial jurisdiction of the state of madhya pradesh under its auspices.13. ..... section 5 of the said act empowered the state government to incorporate and establish a university by issuing a notification in the gazette and section 6 permitted such university to affiliate any college or other institution or to set up more than one campus with the prior approval of the state government. ..... section 4 of the 1991 act deals with object of the university. ..... (ii) the distance education council for ignou has no authority to control and function the distance education programme of the other state universities,(iii) if sections 4 and 5 of the 1991 act are studied in proper perspective it is quite patent that there is no prohibition to have study centres and to encourage the distance education system in the educational pattern of the state. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(3)MPHT570; 2008(1)MPLJ342
..... lucknow university : (1977)illj68sc , in which it has been held that where a candidate for selection knowing fully well the relevant facts about the members of the selection board voluntarily appear in the interview without raising any objection against the constitution of the selection board and took a chance of favourable recommendation, it was not open to him to turn round and question the constitution of the board when the decision was unfavourable to him.7. mr. ..... 3326 of 2004 for an interim order restraining the appellants from re-advertising the post and directing the appellants to appoint the respondent in accordance with the selection pursuant to the first advertisement dated 18-7-2004 and the corrigendum dated 3-8-2004, but the learned single judge rejected the said prayer for interim order and only thereafter the selection was conducted pursuant to the second advertisement dated 3-9-2005. ..... section 115 of the evidence act states that when one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing. ..... 1991 (6) slr 555 and submitted that on facts similar to the facts of the present case, the punjab & haryana high court has held that the action of the college authorities in denying appointment to smt. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ575
..... the right to re-sell contemplated under section 54(2) would arise in a case in which the seller can have no complaint against the buyer in terms of section 17(2) of the act. ..... before adverting to the other provisions of the act, extracted or referred hereinabove, a brief mention may be made of section 5 of the act as that has definitely signal relevance to plaintiffs default in pleading and proving his case. ..... this is plaintiffs appeal whose suit apparently based on section 56 of the sale of goods act, 1930, for short, the 'act', has been dismissed.2. ..... in this connetion, reference may be appropriately made at this stage to the provisions of section 17 of the act which i quote :'17. ..... there is also nothing on record to afford to the plaintiff protection of section 54(2) as the plaintiff did not exercise his right to resell thereunder. ..... i have no doubt that section 60 has to be read subject to the provisions of section 56 and in the instant case it has been found that the defendant had not acted 'wrongfully' to refuse to accept delivery so as to render him liable for damages under section 56.16. ..... there cannot be any doubt that under section 56, claim for damages for non-acceptance would lie only when the buyer acts 'wrongfully' in refusing to accept goods contracted to be purchased. ..... in the instant case, the act of the defendant cannot be said to be 'wrongful' because he had merely exercised his statutory rights contemplated under section 17(2)(a). .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP14; 2005(1)MPHT321; 2004(4)MPLJ379
..... the period between the issuance of notice and the passing of an order removing the committee, the committee may be required by the registrar to function under the supervision, and with the approval of such authority as the registrar may specify in this behalf and no order made or resolution passed or any other act performed by the committee, shall be effectual unless it is approved by such specified authority : provided where the registrar, while proceeding to take action under sub-section (2), is of the opinion that the suppression of the committee during the period of proceeding is necessary in the interest of the ..... the jalgaon municipal council, air 2003 sc 1659 considering the fundamental principle of fair hearing incorporated in the doctrine of natural justice and as a rule of universal obligation that all administrative acts or decisions affecting rights of individuals must comply with the principles of natural justice and the person or persons sought to be affected adversely must be afforded not only an opportunity of hearing but a fair opportunity of hearing. ..... rural deve-lopment bank, raisen1131/2004 naresh chandra 27-03-2002 district co-opera- collector, jain tive central bank, raisenraisen1624/2004 subhash yadav 21-09-2003 jawahar lal joint regis-nehru sahakari trar, co-ope- agriculture pro- rative socie- duce processing ties, indore society ltd. ..... collector of customs, new customs house, bombay, (1991) 4 scc 251.10. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2000MP149; 2000(2)MPHT359; 2000(1)MPLJ192
..... pandit ravi shankar shukla university (hereinafter referred to as the 'university' state government came to the conclusion that the administration of the university cannot be carried out in accordance with the provisions of the madhya pradesh universities act, 1973 (hereinafter referred to as the 'act') without detriment to its interest, it exercised the powers conferred under section 52(1) of the act and issued notification dated 8-1-1999 directing that the provisions of sections 13, 14, 20 to 25, 40, 47, 48, 54 and 67 shall apply to the university; subject to the modification specified in the third schedule of the act. ..... limhe, who was appointed by the chancellor of the university under section 10 of the act for making enquiry in relation to financial irregularities of the university has found that although the petitioner had made complaints about the manner of giving advances for revaluation for earlier period but for the period june, 1996 to november 1996, he himself has sanctioned advance of rs. ..... after the issuance of the aforesaid notification, the chancellor of the university in exercise of the power conferred under modified sections 13 and 14 read with section 52(3} of the act and in consultation with the state govt. ..... resort to provisions of section 52 is not contemplated by the act as a remedial measure against particular con-duct or misconduct of few functionaries, high or low, in the university. .....
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