Court : Madhya Pradesh
Reported in : 2004(4)MPHT530; 2004(4)MPLJ375
..... by letter dated 19-9-1987 (annexure p-2) the vice chancellor of the university requested the director, vikram sarabhai space centre, trivandrum to send the petitioner on deputation to this university. ..... finally in the letter dated 30-11-1989 (annexure p-4) of the university addressed to the petitioner it has been made crystal clear that the absorption of the petitioner in the university as a programme director is in the professors' scale alongwith 'all other benefits available to any other professor in the university'. ..... after hearing the learned counsel for both the sides this court is of the opinion that the petitioner is entitled to continue in the service of the university upto the date of attaining the age of 62 years. ..... in the letter dated 19-9-1987 (annexure p-2) the vice chancellor has written to the director, vikram sarabhai space centre that the petitioner would have the rank of a professor and enjoy the benefits and position of head of the department and in the proposed grade of professor, i.e., rs. ..... on the other hand it is stated in the return of the respondents that the appointment of the petitioner was not in conformity with section 49 of the m.p. ..... there is a resolution of the executive council of the university dated 30-9-1989 to the effect that the petitioner may be absorbed in the professors' scale alongwith all other benefits admissible to any other professors in the university. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2005(105)FLR98]; 2004(4)MPHT36; 2004(4)MPLJ202
..... najpandey's case, in that case the vice chancellor without seeking the approval of the board of management acted on the recommendations of screening committee and passed the order of the compulsory retirement. ..... in the case in hand, the recommendations of the screening committee were duly approved by the board of management and only thereafter the vice chancellor issued the order of compulsory retirement, hence no infirmity can be attributed to the order impugned on that ..... the recommendations of the screening committee were considered and approved by the board of management of the university only thereafter the impugned order was issued ..... statutes framed by the university govern service conditions of the university employees. ..... court held that board of management is the supreme body and without its approval, vice chancellor had no independent authority to pass the order of compulsory retirement. ..... 11, which empowers the university to retire any employee before the normal age of ..... initially entered the government service in the year 1964 as agriculture extension officer but later on he was absorbed as lecturer in the jawaharlal nehru krishi vishwavidhyalaya (hereinafter referred to as 'university') w.e.f. ..... after the approval of board, vice chancellor passed the order impugned on 9-9-1996 ordering compulsory retirement of petitioner ..... 11 as amended in the year 1992, university is empowered to retire compulsorily any employee after he has attained 55 years of age or completed 25 years of .....
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 : 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 : 2003(4)MPHT185
..... investigation be assigned to senior responsible officer and be made in accordance with law for fixing the responsibility in issuance of fake/forged mark-sheet by the university and appropriate action in accordance with law be taken to book the culprits under the provisions of the code of criminal procedure and relevant sections of the ipc. ..... the university is free to conduct the departmental enquiry against the employees/officers also as the learned counsel for university has fairly stated that present vice chancellor is keen to punish the guilty incumbents in such a case, however, holding of such departmental enquiry can not come in the way of the criminal investigation into the criminal liability and investigation in such a serious offence.19 ..... has not been heard by the university and petitioner can not be penalized for an act of officials and employees of the university of issuing mark-sheet. ..... trivedi, learned counsel appearing for the petitioner, has submitted that it is a case where petitioner was issued the mark-sheet by the university officials, thus, responsibility of any fraudulent act can not be saddled on the petitioner. ..... for an act of irregularity committed by the university staff, petitioner can not be saddled with the responsibility.3 ..... issuance of forged mark-sheet by the university is most sinister act and obviously ordinary course of law has to be followed, result is the criminal investigation into the offence such a serious nature which has been found established .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2003)184CTR(MP)420; [2003]263ITR536(MP)
..... : [1979]117itr1(sc) and eventually held thus (page 788) :'in view of the rules of interpretation referred to by us in this judgment and the decision of the supreme court considering the same expression 'salary' and the manner in which and the mode in which the incentive bonus is earned by a development officer under the life insurance corporation, the conclusion is irresistible that the incentive bonus earned by a development officer of the life insurance corporation partakes of the character of salary within the ambit of section 17 of the income-tax act and, therefore, has to be computed under section 16 of the act. ..... arya that the tribunal has fallen into error by expressing the view that the conveyance allowance and the additional conveyance allowance received by the development officer of the life insurance corporation are exempted under section 10(14) of the act on the basis that the said amount is incurred in performance of the duties of an office or employment though conceptually the same is not permissible if the provisions enshrined under sections 10(14) and 17(1)(iv) of the act are read in proper perspective and appreciated in a harmonious manner. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2003]131TAXMAN124(MP)
..... cit : [1979]117itr1(sc) and eventually held thus :'...in view of the rules of interpretation referred to by us in this judgment and the decision of the supreme court considering the same expression ,salary' and the manner in which and the mode in which the incentive bonus is earned by a development officer under the life insurance corporation, the conclusion is irresistible that the incentive bonus earned by a development officer of the life insurance corporation partakes of the character of salary within the ambit of section 17 of the income tax act and, therefore, has to be computed under section 16 of the act. ..... arya that the tribunal has fallen into error by expressing the view that the conveyance allowance and the additional conveyance allowance received by the development officer of the life insurance corporation are exempted under section 10(14) of the act on the base that the said amount is incurred in performance of the duties of an office or employment though conceptually the same is not permissible if the provisions enshrined under sections 10(14) and 17(1)(iv) of the act are read in proper perspective and appreciated in a harmonious manner. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP256; 2003(4)MPLJ503
..... the apex court has held that though the provisions of section 6 of the act provided for the summary remedy for eviction can be resorted to by the government only against persons who are in unauthorised occupation of any land which is 'the property of government. ..... it seems to us clear from these provisions that the summary remedy for eviction which is provided for by section 6 of the act can be resorted to by the government only against persons who are in unauthorised occupation of any land which is 'the property of government. ..... 1 is clearly unauthorised occupant within the meaning of the definition of 'unauthorised occupation' as defined in section 2(g) of the adhiniyam, the authority has erred in law in holding that since the premises were in occupation from before the purchase; as such the adhiniyam is not applicable. ..... in the instant case, there is unquestionably a genuine dispute between the state government and the respondents as to whether the three plots of land were the subject matter of acquisition proceedings taken by the then government of hyderabad and whether the osmania university, for whose benefit the plots are alleged to have been acquired, had lost title to the property by operation of the law of limitation. ..... punjab national bank, air 1991 sc 855 to contended that with respect to such premises the proceedings under adhiniyam are competent.13. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP159
..... 'recognised paramedical qualification' is defined under section 2(d) of the act to mean a degree, diploma or certificate in any paramedical subject, granted by any university established by law or any other institution recognised by the state government in this behalf. ..... section 28 of the act of 2000 deals with the recognition of paramedical qualification granted by university or paramedical institution in india. ..... section 2(d) of the act of 2000 is quoted below :'2(d) 'recognised paramedical qualification' means a degree, diploma or certificate in any paramedical subject, granted by any university established by law or any other institution recognised by the state government in this behalf.'28. ..... it is not shown that the qualification is recognised one under the act nor is included as recognised qualification under section 28 of the act. ..... 'paramedical' means any personnel qualified in paramedical subject and who helps in teaching or practice of medicine within the meaning of clause (i) of section 2 of the indian medical council act, 1956 with which we are concerned in the instant case. ..... counsel, for the petitioner further submitted in the programme of the state relating to tubectomy operation, ltt/ctt operation female sterilisation programme report is obtained from laboratory technician and he has placed printed pro forma for consideration.21. ms. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP196; 2002(2)MPHT353
..... the following powers, namely-- (a) to approve the appointment of chancellor;(b) to issue directions to do anything required to be done by the university under the provisions of this act, rules, the statutes, or the ordinances made thereunder or to rectify any violation thereof;(c) to adjudicate disputes under this act between the university, the commission or any other expert body and to issue directions to comply with its decisions on such disputes;(d) to order framing of statutes under section 24 on particular subjects;(e) to generally issue such orders as may be required to be followed by the university under this act or any other law for the ..... the university has been included in the list of universities, maintained by the ugc under section 2(f) of the ugc act, 1956.the above university has, however, not been declared fit to receive central assistance in terms of rules framed under section 12-b of the act, 1956. ..... we have bestowed our anxious consideration to the pros and cons of the submissions. ..... collector, central excise, air 1991 sc 754, wherein the apex court came to hold that when there is some doubt the words must take colour by making a reference to the meaning of the words associated with it. ..... pro-vice chancellor of the university assured that the university is committed to adhere to rules but the assurance was not fulfilled. .....
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