Court : Supreme Court of India
Reported in : JT1993(5)SC9; 1993(3)SCALE523; 1994Supp(1)SCC124; [1993]Supp1SCR712; 1994(1)SLJ85(SC)
..... two provisions in the karnataka services examinations act, 1976 - 'the act', since the clarifications (i) on the matter of promotion of government servants who had not passed service examinations, if any, prescribed for scheme before 10th january, 1974, the date on which the rules came into force and (ii) on the matter of consequences which entail, if the government servants fail to pass the examinations required to be passed ..... the karnataka civil services rules, for the time being in force, are applicable, except a person working as a local candidate or holding a class iv post; (3) 'kannada language examinations' means the kannada language examination specified in schedule i; (4) 'prescribed examinations' with reference to any post means the service examinations prescribed for the holder of the said post as specified in schedule - ii; (5) 'schedule' means a schedule to these rules; (6) 'service examination' means a service examination specified ..... promotion to a higher post does not by operation of sub-rule (2) come into effect - (a) for a period of one year from the first day of may 1976 in respect of holders of posts for whom service examinations have been prescribed on 10th january, 1974, which takes the expiry period to 30th april, 1977, and (b) for a period of one year, from the date ..... act which came into force in the year 1976, as is also pointed out by us earlier, required that a government servant who was not promoted solely on the ground of not passing a service examination .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1987Kant269; ILR1987KAR2640; 1987(2)KarLJ155
..... after the above rules were framed, the service examinations act, 1976, was i enacted by the legislature. ..... (l) kant u 300) and answer the question referred for our opinion as follows: 'the persons promoted to the next higher posts though they had not passed the service examinations prescribed for promotion to such posts, under the provisions of the karnataka civil services (service and kannada language examinations) rules, 1974, during the period commencing from 10- 1- 1974 up to 30-4-1977, in view of rule.4 of the rules, are not liable to be reverted on and after 1-5-1977 on the ground that ..... (a) service examination shall be the same as the prescribed examination provided in the karnataka civil services (service and kannada language examinations) rules, 1974; and (b) every government servant including a government servant promoted under subsection (2) of section 3 shall be required to pass the service examinations as provided and for the purposes specified therein. ..... the following question of law is referred for the opinion of the full bench: 'whether the persons promoted to the next higher posts though they had not passed the service examinations prescribed for promotion to such posts, under the provisions of the karnataka civil services (service and kannada language examination) rules, 1974 during the period commencing from 10-11-974 up to 30-4-1977 in view of rule 4 of, the rules, are liable to be reverted on and after 1-5-1977 if by that time they had .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR1082; 2002(1)KarLJ12
..... the state government had proceeded on the assumption that since the government had made a concession and allowed certain categories of employees to avail of their promotions provided they pass the qualifying examination within the prescribed period of time, and who defaulted were liable to be penalized or in other words, that they were liable to be relegated to the original position by virtue of the fact that ..... we are simplifying the issue to the extent of pointing out that the question arose as to whether police constables who have been accorded concession of promotions on their having passed the qualifying examination in relation to their proficiency in kannada language who do not pass the requisite examination within the prescribed period of time are liable to be reverted. ..... to be held that the petitioners were only promoted, occupied the higher position for a prescribed period of time and that the order would be self-operative and that consequently there is no positive act of sending the employee in the reverse direction which is an essential ingredient of a reversion order. ..... had the respondent continued in service then the penalty/disadvantage could certainly have applied to him but the state was certainly in error in having sought to give effect to an order passed on the date of retirement and ..... that is involved in this group of writ petitions centers around the question that has really been set at rest by the apex court in the decision in state of karnataka and ors. v. b.v. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR3447
..... that the ruling rendered by the division bench in rudrachari's case' was plainly opposed to the language of the karnataka service examinations act of 1976 and the karnataka civil services (service and kannada language examination) rules, 1974 and requires reconsideration.29. ..... the context of the 1974 rules or the service examinations act which requires that the term 'prescribed examination' or the term 'service examination' should be given an extended meaning so as to include a competitive examination for selection for promotion to a higher post.29 ..... to accept the contention of the learned government advocate that the examination prescribed under the 1967 rules for selection for promotion of police constables to the posts of head constables, has been superseded either by the 1974 rules or by the service examinations act. ..... karnataka) 1978(2) 1635 had expressed thus :' -- but, the examination prescribed under the 1967 rules as a method of selection for promotion of police constables to the posts of head constables, cannot be regarded as service examination ..... on which very strong reliance was placed by sri bhat, the supreme court examining the validity of the general insurance (rationalisation and revision of pay scales and other conditions of service of supervisory, clerical and subordinate staff) second amendment scheme, 1980 (scheme) purported to be made under the general insurance business rationalisations act, 1982 (central act 57 of 1982) held the same as ultra vires of that act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC713; 1977LabIC362; (1977)4SCC597; 1976(8)LC972(SC)
..... there may be other questions surviving in the writ petitions, particularly questions which may have to be considered in view of the passing of the karnataka service examination act, 40 of 1976. ..... the proviso to this sub-section which imposes a limitation on the exercise of the powers contained in the sub-section says that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub-section (1) or sub-section (2) shall not be varied to his disadvantage except with the previous approval of the central government. ..... section 115(7) of the state reorganisation act, 1956 provides that nothing contained therein shall be deemed to affect the operation of the provisions of chapter i of part xiv of the constitution in relat ion to the determination of the conditions of service of persons serving in connection with the affairs of the union or any state. ..... to enable the high court to consider these questions, it is necessary to remand the writ petitions to it with a direction that it shall decide such questions as may properly arise in the writ petitions including the questions arising under act 40 of 1976.4. ..... union : (1976)iillj115sc , these appeals filed by the state of mysore have to be allowed.3. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR4116; 2004(6)KarLJ110
..... studied,- (i)from first standard to tenth standard where the qualifying examination prescribed for a post is sslc or higher; or(ii) from first standard to qualifying examination where the qualifying examination prescribed for a post is lower than sslc in a school situated in any area other than a larger urban area, smaller urban area or transitional area specified under the karnataka municipal corporations act, 1976, or the karnataka municipalities act, 1964. '3. ..... regard to the serious handicap suffered by rural candidates who have studied in rural schools as compared to those who have studied in urban schools and the inadequate representation of rural candidates in the civil services of the state, twenty five percent of the vacancies earmarked for direct recruitment in each of the categories of general merit, the scheduled castes and scheduled tribes and in each of the categories of ..... affirmative for the following reasons:-sub-section (2) of section 2 and section 3 of the karnataka reservation of appointments of posts (in the civil services of the state) rule candidates act, 2000 (in short, 'the act') read as under:- 2. ..... for the parties, the only point that arises for consideration in this writ petition is:whether the petitioner is entitled to claim benefit of section 3 of the karnataka reservation of appointments of posts (in the civil services of the state) rural candidates act, 2000, as a rural candidate within the definition of sub-section (2) of section 2 of the said act?8. .....
Tag this Judgment!Court : Karnataka
Reported in : 2000(1)KarLJ48
..... rules are made under appropriate provisions of this act, the statutes, ordinances, regulations and rules which are made under the karnataka state universities act, 1976 and in force immediately before the commencement of this act, shall, insofar as they are not inconsistent with the provisions of this act may deem to be statutes, ordinances, regulations and rules made under theappropriate provisions of this act, subject to such adoptions or modifications made therein ..... one; yet it is equally obvious that the two laws are repugnant, for to the extent to which a citizen is compelled to obey one of them, the other, though not actually disobeyed, is nullified'.examining the question in regard to ascertaining as to whether two enactments are inconsistent, the supreme court in state of uttar pradesh v basti sugar mills company limited, stated thus:'dealing with the canons of statutory construction ..... fees to be charged for the courses of study in the university and in the affiliated colleges and for admissions to the examinations, degrees and diplomas of the university;(q) fees to be charged for the services rendered by the university. ..... may be various kinds of fees, it is not possible to formulate a definition that would be applicable to all cases'.hence, when these tests are borne in mind and the character of the levy is examined in this case, it will not be possible to say that the instant levy is a tax. ..... examination and finance branches have been computerised for rendering speedy service .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR1912; 2003(3)KarLJ271
..... an 'institution' has been defined by rule 2(m) as:' 'institution' means- (i) in respect of college of education, any college affiliated to a university under section 53 of the karnataka state universities act, 1976, imparting teaching in education at degree level (b.ed. ..... cell which had selected the writ petitioners as the candidates entitled to be admitted as per their merits and had forwarded the list of these petitioners to the 6th respondent-college for admitting having regard to the karnataka selection of candidates for admission to teachers certificate higher course and bachelor of education course rules, 1999 (hereinafter referred to as the 'rules' for brevity), the 6th respondent was obliged in law to have admitted the 9 students ..... certificate issued by the karnataka secondary education examination board'. 14. ..... rules, 1999 for regulation of admission of students and other matters in exercise of powers under the karnataka educational institutions (prohibition of capitation fee) act, 1984.12. ..... --the government of karnataka has framed rules called as the karnataka tch and b.ed. ..... imparting pre-service teachers training leading to t.c.h. ..... state of karnataka, 1997(7) scale 306 that whenever an educational institution claims minority status it is obliged in that regard to approach the state government and that until the state government issues an order declaring the institution to be a minority institution, it ..... state of karnataka and ors. ..... state of karnataka and ors. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC137; 2005(1)ESC19; JT2004(9)SC293; 2004(9)SCALE120; (2004)12SCC588; 2005(3)SLJ421(SC); (2005)1UPLBEC680
..... in these matters the validity of the haryana civil service (executive branch) and allied services and other services, common/combined examination act, 2002 (for short 'the act') is under challenge to the extent of its retrospective application. ..... of rule 15, the governor of haryana may include in register b in order of merit, the names of such number of candidates as it may from time to time determine, from amongst those who have been declared as qualified in the examination by the haryana public service commission.provided that for purpose of ensuring adequate representation qualified scheduled caste candidates their names may be brought on register b, in order of merit inter se, irrespective of their position on the list of qualified candidates as a whole with ..... act. so far as the right of class iii and class iv employees to annual cash bonus for the year 1st april, 1975 to 31st march, 1976 was concerned, it became crystallized in the judgment and thereafter they became entitled to enforce the writ of mandamus granted by the judgment and not any right to annual cash bonus under the ..... court. thereafter, the state of mysore, enacted karnataka state services (regulation of promotion, pay and pension) act, 1973, whereby the actual financial benefits directed to be made available to the petitioners pursuant to the orders of the division bench of the high court, which had become final, were sought to be taken .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR2766; 1996(6)KarLJ575
..... some time after their admission, it came to the notice of the university authorities that only because of the time factor having gone wrong, that some students who had passed the qualifying examination in that very academic year had joined the courses and the university therefore issued instructions to the effect that these admissions should be revoked in so far as these students could only be considered in the following academic ..... normally, in respect of the academic year 1993-94 only those students who had passed in the examinations held prior to the commencement of that academic year would have been eligible, but in view of the delay, these petitioners having passed their examination securing the eligibility certificate were admitted to the courses in question on merit. ..... as a necessary consequence, they shall be allowed to prosecute and complete their courses and if the results of any of the intervening examinations have been withheld, the same shall also be declared, within 4 weeks. ..... it is common ground that these students had been declared eligible on the basis of their' having passed in the supplementary examination held in september 1993. ..... the petitioners are students and they had joined the various professional courses, after passing the pre-university examination in the year 1993. .....
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