Court : Kolkata
Reported in : AIR1984Cal52,87CWN1050
..... that the formation of the board to hold examination for admission to engineering, medical and technological degree colleges was contrary to the provisions of the calcutta university act, 1979. the impugned order of the government dated july 7, 1981 constituting the board and the rules framed thereunder for holding the joint entrance examination ..... to engineering, medical and technological degree colleges by the impugned government order dated july 7, 1981, the provision of section 52 (a) of the calcutta university act. 1979 was not violated. the constitution of the board was, accordingly, quite legal and valid and the contention of the writ petitioners that the impugned government ..... order dated july 7, 1981 is ultra vires article 154(2) of the constitution read with section 52 (a) of the calcutta university act is without any substance whatsoever. in our opinion, the joint entrance examination is not only desirable but is a necessity for admission of students to the .....
Tag this Judgment!Court : Kolkata
Reported in : (1991)1CALLT109(HC)
..... december, 1989 were duly placed before the vice-chancellor in the syndicate on 8th of december, 1989 and were duly approved by him under the provisions of the calcutta university act, 1979. thereafter, the decision of the board of discipline was conveyed to the proper authorities for information and necessary action by and under circular no. 1.3d/ ..... extra power above the syndicate. it is true that in an emergency, the vice-chancellor can exercise the powers of the syndicate under section 9(6) of the calcutta university act as quoted hereinbelow :-section 9(6) : the vice-chancellor may take on behalf of the united such action as he may deem expedient in any matter which, ..... in the meeting of the board of discipline were duly placed before the vice-chancellor in syndicate and were duly approved by him under the provisions of the calcutta university act, 1979, and the vice-chancellor by virtue of his office is a member and chairman of the syndicate and in terms of the provisions of section 9(6 .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CALLT103(HC)
..... make such transfer and one of the reasons for which the division bench was of such view was that under section 4(13) of the calcutta university act, the university is empowered to create post without approval of the state government. it was further held by the division bench that emergency power exercised by the vice ..... ground of emergency of urgency by dismissing him even denying him the minimum opportunity to be heard. there is nothing under section 10(6) of the kalyani university act which in my view, empowers the vice chancellor to dismiss an employee without holding any disciplinary enquiry and without giving an opportunity of hearing to the employee ..... now come up for consideration before this court in the instant writ application are whether in exercise of emergency power under section 10(6) of the kalyani university act, the vice chancellor has the power to dismiss an employee from service without holding a regular disciplinary enquiry and whether there was such an urgent or emergent .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)3CALLT39(HC)
..... m. majid khan & ors., reported in : [1999]1scr26 while dealing with a similar merit promotions scheme in the light of the provisions of the aligarh muslim university act. 1920 and the statutes framed thereunder, the supreme court while considering the question in that case whether those promoted under the mps qua those appointed against open post ..... different modes.46. rashmi srivastava (dr.) case (cited supra) was notified by the supreme court and was distinguished in the light of the provisions of the aligarh muslim university act, 1920 and suman agarwal (dr.) v. vice-chancellor reported in : (1996)1scc632 in the following terms :'in the case of suman agarwal(dr.) v. vice- ..... candidates from two streams fused into the relevant cadre of professor or reader. the same is the position here looking to the provisions of the aligarh muslim university act and the statutes.'47. in the instant case the ratio of the decision of the supreme court in rashmi srivastava (dr.) v. vice-chancellor case would .....
Tag this Judgment!Court : Kolkata
Reported in : (2009)1CALLT43(HC),2008(4)CHN821
..... affidavits to demonstrate that action was either under the provisions of section 9(6) or under the provisions of the act, ordinance or statute. moreover, in view of the provisions contained in the calcutta university act, 1979 and in the delegated legislations, the university grants commission (the minimum standards of instructions for the grant of the first degree through formal education in the faculties ..... to deal with the same. submission was, there is no provision in the calcutta university act, 1979 (for short 'the act'). the calcutta university first ordinances, 1979 (hereinafter referred to as the 'first ordinance') and the calcutta university first statutes, 1979 ('first statute' for short) which empower the respondents to act in the manner and pass order as has been done. being aggrieved by the letter .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1995Cal194
..... of kerala v. very rev.mother provincial etc., reported in 0065/1970 : [1971]1scr734 , the provisions of section 56(2) and section 56(4) of kerala university act, 1969, (act. 9 of 1969) which were impugned therein read thus: ,'56. conditions of service of teachers of private colleges - (1) xxxxxxxxxx (2) no teacher of a private ..... to above. 54: in spite of the consistent and cate-orical decisions which have held invalid certain provisions of the university acts of some of the states as interfering with the fundamental rights of management of minority institutions inherent in the right to establish educational institutions of their choice ..... in the judgment of hon'ble the chief justice. these may be compared with the provisions of the kerala education bill, the kerala university act and the statutes of the guru nanak university act, which have been justaposed for an easy appreciation of the nature of the provisions which have been held void by the cases referred .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal120,63CWN915
..... in fact recent legislative history in india contains many examples and instances where statutes have affected many temple trusts and endowments. 17. the challenge to the jadavpur university act must, therefore, fail. the constitutional objections to the statute cannot be upheld for the reasons i have mentioned. the ideals of the swadeshi movement of 1906 ..... has not prevented him from continuing as such life member, of such association as the national council of education. 11. the third challenge to the jadavpur university act is that the statute infringes the applicant's right to acquire, hold and dispose of property under article 19(1)(f) of the constitution. this ..... for the compulsory acquisition or requisitioning of property, notwithstanding that it deprives any person of his property.' now, scanning the different sections of the jadavpur university act, it appears to me plain that there is no transfer of ownership or right to possession of any property to the state as such or to .....
Tag this Judgment!Court : Kolkata
Reported in : (1992)2CALLT22(HC)
..... not be postponed. the affidavit further contends the statement by the registrar that this dispute should be referred to the chancellor under section 42 of the calcutta university act, 1979. it is denied that the petitioner is interested in the election of the members of the council for under-graduate studies. the inaction on the ..... graduate teaching in the subject or subjects concerned from constituent colleges or from professional colleges as required under section 23(2)(vi) of the calcutta university act, 1979. section 9 of the act describes the power and duties of the vice-chancellor and sub-section (3) thereof reads as follows :-'it shall be the duty of the ..... effective and legal. in this connection the learned advocate has referred to section 40(2) of the calcutta university act, 1979 which says that any vacancy among the nominated members of any authority or body of the university shall be filled within suck time as may be prescribed, by nomination by the person or authority that .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal61
..... -12-1968.2. that the secretary be requested to reconstitute the governing body of the college in accordance with first statute 93 framed under the calcutta university act, 1966 without further delay.'the petitioners now before this court however claim that they had no knowledge about this letter which was suppressed by the principal, ..... run from the beginning of the academic year 1968-69.4. by an appropriate notification issued under section 58(4) of the calcutta university act, 1966 (hereinafter referred to as the said act) the state government brought into force the first statutes, the first ordinances and the first regulations framed by the vice chancellor under ..... no application and that the governing body is to be reconstituted under statute 93. according to mr. chakraborty the university authorities lost sight of the provisions of section 47 of the registration act by virtue of the provisions whereof notwithstanding registration on a later date the said deed is to take effect from .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1987Cal232,91CWN369
..... other holding inter alia that aligarh university was not established by the muslim minority community but it was a universitycreated by a statute under the aligarh university act 1920 and the muslim community cannot, after coming into force of the constitution in 1950, lay claim ..... to the property and say that they are deprived of right to administer the same by virtue of the amendment act 1965.6. however a contrary view was taken ..... been established by a minority it cannot be under the purview of article 30(1). the supreme court thus considered the question as to whether aligarh university was establihed by the muslim minority community and if it was administered by it, and ultimately rejected the contention raised by the petitioners azeez basha and .....
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