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T.M.A. Pai Foundation and ors. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : AIR2003SC355; 2003(51)BLJR158; JT2002(9)SC1; 2003(1)KarLJ1; (2002)8SCC481; (2002)3UPLBEC2817

..... the question, therefore, was whether the college could claim the protection of section 48-b of the bihar universities act read with article 30(1) of the constitution, only if it proved that the educational institution was furthering the rights mentioned in article 29(1). ..... three of the provisions, which were sought to be challenged as being violative of article 30, were clauses 2(1), 17 and 18 of the statutes framed by the university under section 19 of the university act. ..... section 48-b of the bihar universities act exempted a minority educational institution based on religion or language from the operation of some of the other provisions of that act. ..... so far as the statutory provisions regulating the facets of administration are concerned, in case of an unaided minority educational institution, the regulatory measure of control should be minimal and the conditions of recognition as well as the conditions of affiliation to an university or board have to be complied with, but in the mater of day-to-day management like the appointment of staff, teaching and non-teaching, and administrative control over them, the management should have the freedom and ..... it was the case of the college that the selection was made on the basis of the candidate's academic record, and his/her performance at the interview keeping in mind his/her all round competence, his/her capacity to benefit from attendance at the college, as well as his/her capacity to benefit from attendance at the college, as .....

indore Development Authority Engineers' Association Vs. State of Madhy ...

Court : Madhya Pradesh

Reported in : 2006(4)MPLJ45

..... nehru university and his employment could not be transferred by the jawaharlal nehru university to the manipur university without his consent notwithstanding any statutory provision to that effect whether in the manipur university act or elsewhere ..... 400/- to any other municipal corporation were challenged and a full bench of this court repelled the said challenge and held that the said sub-sections (5) and (6) of section 58 of the aforesaid act were within the competence of the state legislature and did not violate the provisions of articles 14 and 16 of the constitution and also did change the contract of employment of ..... section (5) of section 7 provided that every person employed in every college under sub-section (1) or any of the institutions in sub-section (4) immediately before the appointed day or the date specified in the order under sub-section (4), as the case may be, shall, as from the appointed day or the specified date, become an employee of the university on such terms and conditions as may be determined by the state government in consultation with the board of regents of the university ..... employment is sought to be changed to a contract of employment between other development authorities in the state of madhya pradesh and the said officers and servants without their consent by providing in section 76-b as amended by act 11 of 1991 that such officers and servants of indore development authority shall be liable to transfer to other development authorities in the state. .....

Dr. S.D. Kapoor Vs. the Chancellor, Jai NaraIn Vyas University and ors ...

Court : Rajasthan

Reported in : AIR1997Raj217; 1997(1)WLC218; 1996(2)WLN328

..... the impugned order terminating petitioner stunure as nominated member of syndicate of the respondent university before expiry of the period of three years is based on grounds inter-alia that power of the chancellor to nominate a member of syndicate under clause (iv) of sub-section (1) of section 16 of jai narain vyas university jodhpur act, 1962 thereinafter referred as act no. ..... in the present can survives to be examined as to whether the order impugned superseding the petitioner from the membership of syndicate of the respondent university is arbitrary, unreasonable, unjust and against the principle of natural justice, if it is so only then the order impugned can be made ineffective ..... fact that the consequence of giving effect to proviso of rule 175 of the said rules may lead to some inconvenience to the subordinate courts and officer-in-charge of the record room in rajasthan to know about the pendency of the civil appeal or revision in the higher courts, is not a factor to be taken into account in interpreting the ..... to verify as to whether the person who is sought to he removed has been appointed under a particular act or rules if so whether such act or rules prescribe modes for regulating his removal.49. ..... in absence of pleadings and proof in the present case to the effect that the chancellor of the respondent university has passed the impugned order superseding the petitioner from membership of syndicate on non-existent ground it is not possible for me to make such order of .....

Dr Dibyendu Mazumder Vs. Union of India Through Secretary Ministry of ...

Court : Jharkhand

..... it is contended that the practice of appointing teachers in professional colleges by negotiation, contrary to section 57a of the universities act, would indicate that this statutory provision was not insisted upon by the universities in the state and while so, 11 appointment of the petitioner by the college cannot be challenged as illegal. ..... leaving aside the issue, whether or not honorary visiting professor is covered under the definition of "teacher" under section 2(v) of jharkhand universities act, 2000, the university could not have made appointment in the college on a non existant post. ..... existence of the senate in nilamber pitamber university has been sought to be established by the petitioner by resorting to sub section 2 to section 19 of the universities act which provides that the senate shall have perpetual succession. ..... this practice has been adopted since inception which, even assuming that section 57a of jharkhand universities act, 2000 is attracted in the present case, on account of contrary practice in derogation to provision under section 57a, would render section 57a obsolete. ..... if a show cause notice to an appointee records that he does not possess a graduation degree, which the appointee, in fact, does not possess, the show cause notice cannot be said to be issued in the teeth of the rules of natural justice. ..... the doctrine of desuetude requires not only pleading but proof also. .....

Dr. Anil Kumar Chandna Vs. Union of India Rep. by Secretary to Governm ...

Court : Chennai

Reported in : 2012(8)MLJ534

..... the third respondent university also informed dci that the 5th respondent was nominated to represent the university as a member of the dci for a period upto 31.03.2013 as per decision of the vice chancellor in exercise of power under section 13(3) of the annamalai university act which was ratified by the university senate at its meeting held on 22.10.2011 under ..... power exercised by the vice chancellor under section 13(3) of the annamalai university act has been ratified by the competent body of the university and the petitioner cannot question the same ..... the power was exercised by vice chancellor under section 13(3) of the annamalai university act and the decision was also placed before the senate on 22.10.2011 as per the requirements and it was ratified by ..... w.p.no.3655 of 2012 filed under article 226 of the constitution of india praying for a writ of certiorarified mandamus calling for the records on the file of the fourth respondent herein pertaining to his order bearing no.b1-6/2012 dated 4.1.2012 and the consequential order passed by the 1st respondent herein bearing d.o.no.de-108-2011/a-8002 dated 10.1.2012 ..... (w.p.no.28407 of 2011 filed under article 226 of the constitution of india praying for a writ of certiorarified mandamus calling for the records on the file of the fourth respondent pertaining to his order bearing no.b1-6/2011 dated 13.09.2011 and the consequential order passed by the second respondent pertaining to his order bearing no.de-108-2011/b-2828 dated 16.09. .....

P.N. Krishnan Nambisan Vs. Registrar (Returning Officer) for the Condu ...

Court : Kerala

Reported in : AIR1982Ker73

..... idea, according to counsel, is inherent, for, no qualification having been laid down in the university act or in the statutes as qualifications for nomination to the committee to be appointed by the chancellor there must be read into the section some qualification and that would only be that any one of the senators alone could stand for ..... radhakrishnan made by the petitioner-appellant here was contrary to the provisions of section 10 (1) of the university act.in the circumstances the writ appeal is allowed and the rejection of the nomination paper filed by the ..... could it be said that there is a demonstrable mistake of the draftsman in omitting the words 'from among themselves' in section 10 (1) of the university act so that the court is bound to supply that omission. ..... use of the expression 'from among themselves' in the other sections is relevant in considering the plea that even without the words 'from among themselves' in section 10 (1) of the university act that section should be read as so qualified.5. ..... the mode of election is specified in statute 2 and clause 3 of this statute 2 provides, inter alia, that election of one member each by the senate and syndicate to the committee for appointment of the vice-chancellor under sub-section (1) of section 10 shall be held in accordance with the provisions in part iv, part iv of the statutes on elections pro-vides in statute 94 that certain of the statutes particularly statutes 28 to 35 shall mutatis mutandis apply to election under .....

Jawaharlal Nehru University Vs. Dr. K.S. Jawatkar and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1577; [1989(59)FLR190]; JT1989(2)SC538; 1989LabIC1526; (1989)IILLJ586SC; 1989(1)SCALE1438; 1989Supp(1)SCC679; [1989]3SCR273; 1989(3)SLJ48(SC); 1989(2)LC463(SC)

..... doubt that his employment could not be transferred by the appellant university to the manipur university without his consent notwithstanding any statutory provision to that effect whether in the manipur university act or elsewhere. ..... section 1(4) of the act provided that on and from the date on which the act came into force in respect of post-graduate education and research, the jawaharlal nehru university would ceased to exercise jurisdiction over the center of post-graduate studies in imphal, and that the state government of manipur may make provision for the transfer of employees from the jawaharlal nehru university, center of post-graduate studies, imphal to the manipur university ..... when the manipur university act provides for the transfer of the services of the staff working at the center of postgraduate studies, imphal, to employment in the manipur university, it must be construed as a provision enabling such transfer of employment but only on the assumption that the employee concerned is a consenting ..... meanwhile, the manipur legislature passed the manipur university act, 1984, which was assented to by the governor on ..... up to study the problems connected with the setting up of such an institute and to submit concrete proposals in that regard on 12 june, 1971, the executive council of the university recorded their agreement in principle to the ministry of education to set up an institute of post-graduate studies at imphal and noted that the committee had submitted its report. .....

Nizam Sugars Officers Welfare Association and Others Vs. Government of ...

Court : Andhra Pradesh

Reported in : 1998(6)ALD538; 1998(6)ALT507

..... there is also no doubt that his employment could not be transferred by the appellant university to the manipur university without his consent, notwithstanding any statutory provision to that effect whether in the manipur university act or elsewhere. ..... when the manipur university act provides for the transfer of the services of the staff working at the centre of postgraduate studies, imphal to employment in the manipur university, it must be construed as a provision enabling such transfer of employment but only on the assumption that the employee concerned is a consenting party to such transfer. ..... the main contention of the appellant is that the respondent was appointed at the centre of post-graduate studies, imphal and when the centre was transferred to the manipur university, his services were automatically transferred to the university, and consequently he could not claim to be an employee of the appellant university, the agreement proceeds on the assumption that the centre of post-graduate studies at imphal was an independent entity which existed by itself and was not a department of the ..... krishna rao, 1973 labour and industrial cases 96, in which the hon'ble supreme court clearly pointed out that under section 34 of road transport corporation act (64 of 1950), the employee of the former bangalore road transport corporation cannot be regarded as the employee of the road transport corporation, in the absence of their givingany option. .....

All India Itdc Workers Union and ors. Vs. Itdc and ors.

Court : Supreme Court of India

Reported in : AIR2007SC301; JT2006(9)SC585; 2006(11)SCALE375; (2006)10SCC66; 2006AIRSCW6102

..... under section 1(4) of the manipur university act, 1980, the governor of manipur made an order which provided for transfer of the members of the faculties of the center to the manipur university. ..... the provision in manipur university act for the transfer of the services of the staff working at the said center must be construed as enabling such transfer with the consent of the employee concerned ..... in this case, the jawaharlal nehru university, under section 5(2) of the jawaharlal nehru university act, 1966, established a center of post-graduate studies at imphal and appointed the respondent as assistant professor on a regular basis and also confirmed him w.e.f ..... the contract of service entered into by the respondent was a contract with the appellant university and no law can convert that contract into a contract between the respondent and the manipur university without simultaneously making it either expressly or by necessary implication, subject to the respondent's ..... the jawaharlal nehru university case (supra) would indicate that, in that case there was a purported transfer of the employee from jawaharlal nehru university to the manipur university without his consent ..... 1981, the university decided to transfer the center to the manipur university. ..... and hotel yamuna view private limited, report of the disinvestment commission and other relevant records and annexures filed in both the writ petitions. 9. mr. m.l. ..... we may also place on record the submission made by learned senior counsel mr .....

M. Thirupathi Reddy and others Vs. Andhra Pradesh Co-operative Oilseed ...

Court : Andhra Pradesh

Reported in : 2000(4)ALD1; 2000(3)ALT460

..... there was also no doubt that his employment could not be transferred by the jawaharlal nehru university to the manipur university without his consent, notwithstanding any statutory provision to that effect whether in the manipur university act or elsewhere. ..... as could be seen from the judgment of the supreme court dated 28-4-1998 made in the above civil appeals, the supreme court did not upset any of the findings recorded by the division bench of this court but substituted certain directions as suggested at the bar by the parties in the place of the directions issued by the division bench of this court in its common judgment dated 6-5-1996 made in ..... , the petitioners were appointed by the apoilfed in the years 1983 to 1985, and the relationship of employer-employee thus established between the petitioners and the management of apoilfed was subsequently never severed by any mode known to law, and therefore, the petitioners even and till now continue to be the employees of the apoilfed only, and they cannot be treatedas the employees of the respondents 2 and 3 unions. ..... by the said order the first respondent filed an application under section 16 of the cp and berar industrial disputes settlement act alleging that the said order was incompetent and illegal. ..... the management of apoilfed has not produced any independent evidence or proof to establish that the writ petitioners herein are also the members of andhra pradesh co-operative oilseeds growers' federation employees' union, and wp .....