Court : Allahabad
Reported in : 1998(1)AWC513; (1997)3UPLBEC1862
..... 5 of 1982) (hereinafter referred to as 'the act'), the relevant papers were submitted through the district inspector of schools to the commission for approval of the punishment sought to be imposed on sri raja ram shukla. ..... the sheet anchor of the case of the petitioner sri raja ram shukla is that the order passed by the commission to revert him to the post of lecturer is illegal and without jurisdiction for one simple reason that sri raja ram shukla was directly recruited to the post of principal and a person, who is recruited directly to a particular post, cannot be reduced in rank or reverted to a post, which is lower in rank to the ..... , it is difficult to give acceptance to the contention that the report of the enquiry committee and the decision of the committee of management, the disciplinary authority, on the question of punishment were sacrosanct and could not be modified by the commission, in substance, the submission of the learned counsel was that the commission has no power to modify the resolution of the committee of management relating to the punishment imposed on sri raja ram shukla. ..... state of maharashtra, (1988) 4 scc 168 ; and nyadar singh v. ..... secondary education service commission, allahabad, 1997 (30) alr 339, wherein the following observation is relevant:'.............. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC2060
..... to a local area and the number of the posts in the cadre shall be such as may be determined by the board from time to time with the previous approval of the state government : provided that the appointing authority may leave unfilled or the board may hold in abeyance any post or class of posts without thereby entitling any person to compensation : provided further that the ..... are liable to be thrown away on this ground alone is concerned, the learned single judge has found that before the court, the chief standing counsel on behalf of the state government had made a categorical statement that no one has been declared selected and no single person has been appointed in pursuance of the impugned process of selection and only the ..... qualification in teacher education obtained from an institution duly recognised under the provision of the act, would be treated as a valid qualification for purposes of appointment in schools, and colleges or other educational body aided by the central government or any other state government, regard being had to the purpose and object sought to be achieved by the act as also the provisions thereunder as discussed above, we are persuaded to take the ..... that case a rule was made by the state of maharashtra that a candidate in order to be treated ..... 1992 to 1997 the central ..... 1997 (3) uplbec 1774, this court has held that there is no justification for consideration of district-wise in respect of appointments of teachers in junior basic schools in the state ..... 1997 .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC809
..... the controversy involved in the present petition,it would be necessary to refer to the provisions of the act and the provisionsof the uttar pradesh higher education services commission rules, 1981(hereinafter referred to as the 'rules') and the provisions of the uttarpradesh higher education services commission (procedure for selection ofteachers) regulations, 1983 (hereinafter referred to as the 'regulations').prior to the commencement of the act, the appointment to the post of teachersin the non-governmental colleges affiliated to the various ..... state of maharashtra and ors. ..... , (1997) 1 scc 35; state of haryana and ors. v. ..... ram kumar mann, (1997) 3scc 321; and faridabad c.t. ..... , air 1997 sc 1236, the hon'bleapex court observed as under :'the power under article 226 isdiscretionary. ..... , air 1997 sc 1896; and blleshiuar khan uduog khedut sahkari mandalf ltd.and ors. v. ..... , air 1997 sc 3071; and gtc industriesltd. v. ..... , air 1997 all 170].33. ..... , air 1997 sc 993; and smt. ..... ,(1997) 7 scc 752.68. ..... , (1997) 1 uplbec 337.the full bench after an elaborate discussion of the provisions of the actdisagreed with the view earlier taken by the division bench of this court inthe case of dr. ..... , 1997 (1) esc 649 a division bench of this courtconsisting of one of us (dr. b.s. ..... , (1997) 5 scc772, the hon'ble apex court approved and followed its earlier judgment in shreechamundi mopeds ltd. v. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC171
..... authorities having regard to the facts and circumstances of the case which also provides that the delinquent employee shall not receive full salary during suspension period and shall only be entitled to subsistence allowance for the said period and that he should refund the amount and in default, the same may be recovered from his salary with the above condition the delinquent has been reinstated with the restriction ..... secondary education services commission and selection boards act, 1982 clearly preserves the approving authority to pass any kind of order other than of which approval is sought for by the committee of management.10. ..... in fact both the counsels concluded their argument on the case but for the purposes of listing, the matter along with the other writ petition it was directed to be listed today along with the writ petition no. ..... in case where the court finds that punishment is disproportionate on the face of it, then it can remand the case back to the disciplinary authority for awarding sufficient punishment which might be proportionate to the finding of guilt. ..... so far as the question that it can only approve or disapprove and cannot pass any other kind of punishment other than that on which approval is sought for by the committee of management, is concerned, it appears to me to be wholly misconceived. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2103
..... state of maharashtra and another, air 1997 sc 1409, wherein following observations were made in regard to the national commission for minorities and some of the sections of the act aforementioned :'.....section 3 of the national commission for minorities act. ..... anywhere in india in relation to minorities ; the subject of giving constitutional right to minority community is neither covered by seventh schedule nor under any article of constitution and as such the parliament has acted beyond its authority in making law of national commission for minority thereby the act is liable to be struck down ; during last few years it was observed that political parties are preaching religious and caste appeasement inthe garb of uplifting them ignoring the fact that ..... , for short the act, provides that the central government shall constitute a body to be known as 'the national commission' for minorities to exercise the powers conferred on, and to perform the functions assigned to it, under the act. ..... on the other hand, by operation of section 3 read with section 9, it is the duty of the central government to constitute a national commission and it shall be the duty and responsibilty of the national commission to ensure compliance of the principles and programmes evaluated in section 9 of the act protecting the interest of the minorities for their development and working of the safeguards provided to them in the constitution and the law enacted by the parliament as well as the state legislatures. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2412
..... whereas the university grants commission act 1956 has been enacted to make provisions for coordination and determination of standards for the universities and for that purpose to establish the university grants commission, the national teachers' education act 1993 has been enacted to provide for establishment of national council teachers education with a view to achieve, plan and coordinate development for the teacher education system through out the country, the regulation and proper maintenance of norms and ..... state of maharashtra ..... , however, for the academic year 1996-97, pursued in the affiliated colleges of the university and for the years 1997-98 and 1998-99, both for the faculty of education by the university and the affiliated colleges is not valid, as the university and colleges were not recognised for these academic-sessions ..... status of recognition1996-97 no application for recognition was received for this session1997-1998 30.12.1997 application for recognition was received vide letter no ..... under the scheme of the ncte act 1993, is a separate entity from the institutions as defined under the act, and is not required to obtain recognition from the regional committee in pursuing the teachers training courses in the department or unit of the university and further whether the colleges affiliated to the university defaulted in applying for recognition and therefore the degrees awarded by them in the year 1996-1997, 1997-98, 1998-99 are valid qualifications in teachers .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC249; (2000)2UPLBEC1024
..... triapthi, air 1987 sc 479, the supreme court, instead of directing the government of gujarat to consider afresh the claim of the respondents in that case, for promotion to the selection grade and the super time scale, declared that they should have been given such promotion and directed the government to give the consequential monetary benefits. ..... dispassionate and constructive commends/comments in estimating or assessing the character, ability, integrity and responsibility displayed by the concerned employee during the relevant period for the above objectives if not strictly adhered to in making an honest assessment, the prospect and career of the subordinate employee being put to great jeopardy. ..... state of maharashtra and others. ..... secondary education service commission and selection board act, 1982 as amended by act no. ..... state of haryana, air 1997 sc 2105, the apex court has further elucidated that the object is to afford an opportunity to the concerned official to make amends for his remissness, to reform himself, to mend his conduct and to be disciplined, to do hardwork, to bring home his lapse in his integrity and character so that he corrects himself and improves the efficiency in public service. ..... state of haryana and others, air 1994 sc 2410 ; state of maharashtra v. .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)2UPLBEC959
..... the 1995-amendment act, four regional selection boards established by the 1993-amendment act were abolished and one commission for the entire state was established.9. ..... in the lecturer grade or trained graduate grade on or before may 14, 1991 or in the certificate of teaching grade on or before may 13, 1989 against a short term vacancy in accordance with paragraph 2 of the uttar pradesh secondary education services commission (removal of difficulties) (second) order, 1981 and such vacancy was subsequently converted into a substantive vacancy; or(ii) was appointed by direct recruitment on or after july 14, 1981 but not later than july 12, 1985 on ad hoc basis against ..... in accordance with section 18, who possesses the qualifications prescribed under, or is exempted from such qualifications in accordance with the provisions of the intermediate education act, 1921, shall, with effect from the date of commencement of the uttar pradesh secondary education services commission and selection boards (amendment) act, 1991 be deemed to have been appointed in a substantive capacity provide such teacher has been continuously serving the institution from the date of such ad ..... (iii) there was no machinery to hold selections from 30th july, 1991 till 9th may, 1995 then again from 7th april, 1997 to 30th july 1998 and in case any one has been appointed as ad hoc teacher or head during that period, then they should be regularised.cut-off date-when can be challenged ..... state of maharashtra, 1986 (2) scc .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1814
..... the government ;(b) in the service or pay of a local authority, a corporation established by or under a central, provincial or state act or a government company as defined in section 617 of the companies ..... of a provision contained in maharashtra rent control act, 1997 relating to the maintainability of ..... or to levy any rate or tax for any secular common purpose for the ascertaining of the rights of the people of any village, town or district ;eleventh--every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election ;twelfth--every person--(a) in the service or pay of the government or remunerated by fees or commission for the performance of any public duty by ..... to perform any of such duties ;fifth--every juryman, assessor, or member of a panchayat assisting a court of justice or public servant ;sixth--every arbitrator or other persons to whom any cause or matter has been referred for decision or report by any court of justice, or by any other competent public authority ;seventh--every person who holds any office by virtue of which he is empowered to place or keep any person in confinement ;eighth-- .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC729
..... bench of this court telling that a logical sequence would have been a final notification under section 21(2) of the act, the letter further indicated that substantial percentage of the complaints received in his office pertain to this state and a state commission will provide quicker access to remedy to the victims of human rights violation and will obviate the need for the aggrieved parties to approach courts and burden the already heavy docket of the courts of law ; yet ..... a perusal of the judgment shows, inter alia, following things : (i) a writ petition filed challenging the abolition of minority commission set up by the state government was dismissed by the bombay high court, (ii) on appeal a notice was issued by the supreme court why the national commission should not take up the issue of protecting the interest of the minorities in the state of maharashtra. ..... state of maharashtra, 1997 (4) scc 528 and tata cellular v. ..... according to the learned additional advocate, general misvah alam sheikh, (1997) 4 scc 528 is a direct decision where it was held that no mandamus can be issued in policy matters to constitute a commission. ..... arising out of our own state in air 1997 sc 610, belies the tall claim made by respondent nos. ..... (iii) the then chief minister miss mayawati vide her order dated 12.6.1997 directed production of records along with the list of suitable persons . .....
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