Court : Karnataka
Reported in : ILR1990KAR1211
..... on the other hand, entry 25 in list ii (concurrent list) of the same schedule speaks of 'education, including technical education, medical education in universities, subject to entries 63, 64, 65 and 66 of list i... ..... state of j & k, : [1989]3scr19 the court observed:-'when a state action is challenged, the function of the court is to examine the action in accordance with law and to determine whether the legislature or the executive has acted within the powers and functions assigned under the constitution and if not, the court must strike down the action. ..... the minimum qualification prescribed for any course for that matter has to be prescribed and regulated by the government or the university as the case may be and there is no dispute about that proposition. ..... high court observed as follows:- 'entry 66 in list i (union list) of the 7th schedule to the constitution, relates to 'co-ordination and determination of standard in institution for higher education or research and scientific and technical institutions. ..... in that case an executive order completely relaxing certain conditions for admissions to the medical college as prescribed in the regulations framed under the medical council of india act, 1956 was challenged on the ground that the state government could not invoke the provisions of article 162 of the constitution for relaxing the conditions imposed under regulations framed under the medical council act, 1956. .....
Tag this Judgment!Court : Supreme Court of India
..... (xii) after the implementation of the central educational institutions (reservation in admission) act, 2006, manipur university started following the reservation norm as per clauses (i), (ii) and (iii) of section 3 of the act to the extent of 15% for the scheduled castes, 7.5% for the scheduled tribes, and 27% for the other backward classes from the academic year 2009-2010. ..... in the present case, the manipur university has to fix the percentages of reservation for the scs, sts and obcs on the basis of the central educational institutions (reservation in admission) act, 2006 as amended in 2012 and not on the basis of section 31(1)(a) or any other provision of the manipur university act, 2005 as the manipur university act is no more the source of authority for determining the percentages of reservation after the implementation of the central educational institutions (reservation in admission) act, 2006. ..... 2 -in section 2 of the central educational institutions (reservation in admission) act, 2006 (5 of 2007) (hereinafter referred to as the principal act), after clause (i), the following clauses shall be inserted, namely:- page 3 of 29 civil appeal no of2021@ slp no.34681 of 2017 (ia) "specified north-eastern region" means the area comprising of the states of arunachal pradesh, manipur, meghalaya, mizoram, nagaland, sikkim, tripura and the tribal areas of assam referred to in the sixth schedule to the constitution; (ib) "state seats", in relation to a central educational .....
Tag this Judgment!Court : Delhi
..... higher course of study or training (included post graduate course of study or training) and increase of admission capacity in any course of study or training (including a post graduate course of study or training) regulations, 2000" the medical college/institution shall qualify to apply for seeking increase in the number of admissions only after such medical college/institution is recognized by the central government for the award of mbbs degree in terms of ..... under the heading "qualification criteria" in part ii of the "opening of a new or higher course of study or training and increase of admission capacity in any course or training regulations, 2000" by quoting the unamended regulations which states that the medical college/institution must be recognized by the mci for running bachelor of medicine and bachelor of surgery/post graduate course and since the petitioner ..... or higher course of study or training (including post- graduate course of study or training) and increase of admission capacity in any course of study or training (including a postgraduate course of study or training) regulations, 2000, part ii of which deals with the scheme for permission of the central government to increase the admission capacity in any course of study or training in the existing medical colleges and institutions and sub-clause 3 of ..... of the act, inter alia, provides that medical qualifications granted by any university or medical institution in india which are included in the first schedule .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR3136; 1996(7)KarLJ426
..... having answered the questions pertaining to legislative competence of the parliament to enact and incorporate sections 10a, 10b and 10c in the central act, now i proceed to examine whether, keeping in view the provisions of the central act as amended in 1993, the state universities act and the capitation fee act, the power to fix the in take/admission capacities of the medical colleges still lies in the exclusively statutory domain of the state government under the provisions of the state ..... in the said view of the matter, there cannot be any escape from holding that the state universities act and capitation fee act, if found inconsistent and repugnant to the central act in an given aspect including that pertaining to fixation or regulation of admission capacities of the medical colleges, then the same will be void and inoperative to the said extent.47. ..... . applying the tests laid down by this court, it must be held that the proviso to sub-section(5) of section 5 of the medical university act which was inserted by the state act requiring prior permission of the state government for establishing a college is repugnant to section 10a inserted in the indian medical council act, 1956, by the central act which prescribes the conditions for establishing a new medical college in the country ..... , the union list of 7th schedule of the constitution reads as follows:-'66. .....
Tag this Judgment!Court : Supreme Court of India
..... by the said judgment, the learned judge held: (i) that in view of the requirements of section 14 of the university act read with section 30(2)(xiv), the syndicate cannot be said to be lacking in authority for fixing the norms for affiliation; (ii) that the norms fixed by the syndicate in its resolution dated 04.02.2020 as communicated ..... and qualifications of teaching and non teaching staff of the affiliated colleges and the emoluments and the terms and conditions of service of the staff of affiliated colleges shall be such as may be prescribed by the university and which shall be sufficient to make due provision for courses of study, teaching or training or research, efficiently; (vii) that the services of all teaching and non teaching employees and the facilities of the ..... ; or (b) shall have carried on research satisfactorily under conditions as may be prescribed and which has been duly evaluated; xxxxxxxx (xiv) to provide for the inspection of affiliated colleges and to issue such directions as the university may deem fit; xxxxxxxx (xviii) to recommend to the government to take over, in the public interest, the management of colleges or institutions where irregularities or dereliction of criminal nature by the management of such college or ..... act is to be traced to entry 66 of list i of the seventh schedule ..... education department, thiruvanathapuram, kerala state and another12, (ii) mata 10 (1999) 7 scc12011 (2004) 11 scc75512 (2000) 5 scc23138 gujri memorial medical college vs. .....
Tag this Judgment!Court : Delhi
..... informs that such a hostel with 390 seats exists at jasola, delhi and 200 seats whereof are still lying vacant and that a proposal for construction of two more hostels, one at jawahar lal nehru university with 520 seats and another at delhi university with 450 seats is under active consideration.17. mr. ..... a legislation for preventing the natives of one state from harassing in any manner the migrants from any other indian states or from indulging in hate crimes against them, including by amendment to the protection of civil rights act, 1955 and scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989. ..... sikkim, arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura are impleaded as respondents in this petition.14. ..... no native of any state of india can be allowed to, by harassing, offending and by other criminal acts, prevent people from another state to settle and carry on any business or vocation therein. ..... of nct of delhi (gnctd) states that a meeting in this regard has been scheduled for 17th february, 2014. ..... face of the recent spurt in cases of harassment and crimes against people from north-east states in delhi, it is essential to expedite the trials and decision in the said cases, so that the conviction if any therein, can act as a deterrent. mr. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2002Kant211; ILR2002KAR300; 2003(4)KarLJ331
..... university or any other person carrying on the activity of imparting education in medicine or engineering leading to a degree conferred by a university established under the karnataka state universities act ..... mysore, : [1964]6scr368 by holding that (para 7)--'this and similar other passages indicate that if the law made by the state by virtue of entry 11 of list ii of the seventh schedule to the constitution makes impossible or difficult the exercise of the legislative power of the parliament under the entry 'co-ordination and determination of standards in institutions for higher education or research and scientific and technical ..... subsequently, in a later affidavit dated 11-12-2000 filed by the registrar of the respondent university, he has stated that so far no seats have been allotted to my ..... by section 33 read with section 19a, of the indian medical council act, 1956 (102 of 1956), the medical council of india, with the previous sanction of the central government has made 'the postgraduate medical education regulations 2000' which had come into force w.e.f. ..... preeti srivastava's case : air1999sc2894 (supra) para 46 & vci's case : [2000]1scr43 (supra) (para 16)(ii) the power to co-ordinate under en-try 66 means harmonising or bringing into proper relation in which all the things so coordinated participate in ..... indian council of agricultural research : [2000]1scr43 , the question for consideration was whether the veterinary council of india (in short the 'vci') had the power to .....
Tag this Judgment!Court : Mumbai Nagpur
..... patil, learned advocate for the petitioners/employer has submitted that as per section 8(1)(a) of the maharashtra universities act, 1994 the petitioner no.1/university cannot create new posts of teachers, officers or other employees without prior approval of the state government. ..... these writ petitions are filed by the rashtrasant tukadoji maharaj nagpur university challenging the order passed by the industrial court allowing the complaints filed by the respondents/employees under section 28 read with items 5, 6, 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short m.r.t.u. ..... kalode in the interim report given by them on 11th april, 2000 recommending that the working staff of the inter institutional computer center should be regularized after following due process of advertisement of posts and selection, on the basis of the qualifications prescribed for the posts. ..... kalode on 11th april, 2000 has been pointed out by which it was recommended that the working staff of the computer center should be regularized after following the process of advertisement of posts and selection on the basis of qualifications prescribed, without further ..... month, which was increased to rs.2,000/- per month from 5th july, 1994 and then increased to rs.4,800/- per month from 21st september, 1996 and then increased to rs.7,000/- per month from 1st january, 2000. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR87; 2008(2)KCCRSN119; 2008(3)ICC421
..... had no ancestral nucleus and he acquired the suit schedule property from his personal income as he was the former registrar of the karnataka university. ..... the courts have not kept in mind section 70 and section 63 of the act which warrants the standard of proof that is required for due execution of ex. ..... fact, though the word 'attested' has not been defined under the act, the definition of the word attested as contained under section 3 of the transfer of property act is to be followed with regard to the proof of attestation of document ..... that connection, he brought to my notice sections 70 and 63 of the act and several decisions of the apex court on the said point.19. ..... the definition clause in the transfer of property act, reads as under:'attested' - in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has been the executant sign or affix his mark to the instrument, or has ..... : air2004sc436 held that section 70 of the succession act re-enforces this proposition inasmuch as revocation of an unprivileged will or codicil is placed at par in the matter of manner ..... a document is required by section 70 of the act to be executed in the same manner as a ..... the deed of cancellation, he received an acknowledgment from the executant having affixed the signature and thereafter, the attesting witness have attested the said signature, which satisfies the requirement of section 63(c) of the act and therefore, the cancellation deed-ex. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR360; 2002(1)BomCR236
..... by members of the managing committees of the agricultural credit societies and multipurpose co-operative societies (within the meaning of the maharashtra co-operative societies act, 1960, and the rules made thereunder), functioning in the market area; and (ii) four (of which one shall be a person belonging to the scheduled castes or schedules tribes and one shall be a person belonging to economically weaker section), shall be elected by members of the village panchayats functioning therein;)(b) ..... may be specified by the state government by notification in the official gazette, from time to time (hereinafter referred to as 'the bombay market area') shall be deemed to be a market area for the purposes of this act, and the market committee for that area to be called by the name of the bombay agricultural produce market committee shall, subject to the provisions of sub-section (2), consists of the following members, namely :---(i) twelve representatives ..... anything contained in sub-section (1), the chairman or as the case may be, vice chairman holding office as such on the date of commencement of the maharashtra agricultural produce marketing (regulation) (amendment) act, 1987, shall continue to hold office as such chairman or vice-chairman, irrespective of the category of member, to which he belongs, until expiry of his term office unless he resigns, ..... , on 29-11-2000, the learned judges were of the view that there was a difference of opinion between the judgment of two division bench .....
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