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 : 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 : 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. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR352; 1991(1)KarLJ240
..... development secretariat, dated 7-8-1989 published in the official gazette of 2-10-1989 that in exercise of the powers conferred by sub-section (1) of section 29 of the bangalore development authority act, 1976 (karnataka act 12 of 1976), the government of karnataka declares that in the areas specified in schedule-i, with effect from the date of publication of the notification in the official gazette and until the corporation takes over the said areas ..... the karnataka municipal corporations act, 1976, to appreciate the legislative clarity of purpose in the matter of conferment of powers on municipal corporations imparting to them an exclusive service orientation ..... of maternity and infant-welfare homes or centres; (3) the provision of milk to expectant or nursing mothers or infants or school children; (4) the organisation, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of diseases or for research connected with public health; (5) the organisation, maintenance or management of swimming pools, public wash houses, bathing places and other ..... cesses and fee is to be examined and unless such a power is reserved under the act in specific terms, it is not ..... a closer examination of the provisions contained in the corporation act, 1949, it is seen that there are mandatory provisions which have to be strictly adhered to even by the competent authority under the said act before the ..... examined .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3671; 1990(3)KarLJ468
..... , learned counsel for the appellants vehemently contended: (1) the claim of the respondents based on the resolution dated 21-1-1975 passed under the provisions of the mysore universities act, 1956 was unsustainable in view of the mysore university employees (conditions of service) statutes, 1984 framed under the karnataka state universities act, 1976;2) in view of the definitions of 'teachers' and the 'teachers of the university' contained in section 2(7), 2(8) and in statute no. ..... the karnataka state universities act, 1976 (for short the 'act') repealed the mysore universities act, ..... assistant class-iimaster's degree in sanskrit or kannada a good knowledge of south indian scripts and experience in the preservations of antiquities training in alchital keeping or two vidwan examinations of which atleast kannada pandit exam and one sanskrit vidwan exam or a-good knowledge of south indian scripts, preferably general education upto sslc.'4. ..... assistant class-i:master's degree in kannada or sanskrit and experience in editing old kannada works of atleast two vidwan examination with general education upto sslc or a good knowledge of south indian scripts and experience in editing old works.2.2. ..... view of the provisions contained in these statutes of 1984 the university by its order vide annexure-e permitted the respondents to retire from the service of the university with effect from 31-1-1989 and 31-8-1989 respectively as they attained the age of superannuation of 58 years on the said dates.8 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1930
..... section 50 of the karnataka state universities act, 1976 deals with the appointment of non-teaching and ministerial staff. ..... (6) notwithstanding anything in the preceding subsections, appointments to posts in the university equivalent to group 'c' and 'd' posts in the state civil services shall be made by the vice chancellor in accordance with the statutes to be framed for this purpose, and in accordance with the order issued by the state government from time to time for reservation of posts for scheduled ..... this being the legal position, let me examine the validity of the order passed in this case which reads thus :'bangalore universitysub : action on the report of the sub-committee of the syndicate on the affairs of the examination branch-suspension of concerned officers & officials.ref : 1. ..... petitioners 1 and 2 are working as senior assistants in bangalore university and petitioner-3 is the superintendent in the examination branch of the bangalore university. ..... the expression 'appointing authority' is defined in part i of chapter xx viii :'(a) 'appointing authority' in relation to the service of the university employees means :(i) the authority empowered to make appointments to the respective classes of services ;(ii) the authority which appointed the university employees to such services, grades or posts, as the case may be, i.e. .....
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