Court : Jharkhand
Reported in : 2005(1)BLJR242; [2005(1)JCR414(Jhr)]
..... 877, dated 22nd may, 1971, letter no p/9926-57 dated 2nd august, 1971 of ranchi university, the vice chancellor of the ranchi university in exercise of his powers conferred upon him under the provisions of the bihar state universities act, 1976, declared that the non-teaching (class-ill & iv) employees of ranchi university office; post graduate departments; post graduate centres and units directly run by the university, such as university library, computer centres, etc. ..... ru/ easstt/421-468, dated the 13th february, 1991, issued by the order of the vice chancellor of the ranchi university, whereby and where under, in exercise of power vested upon him under the provisions of the bihar state university act, 1975, as amended up to date, the vice-chancellor of the university was pleased to declare that the non-teaching (class-iii & iv) employees of the ranchi university office, p.g. ..... ru/esstt/421-468, dated the 13th february, 1991, it will be further evident that the vice-chancellor, ranchi university in exercise of the powers vested under the provisions of the bihar state universities act, 1976, though declared that the non-teaching (class-ill & iv) employees of ranchi university office; p.g. ..... 1392 of 1989(r), decided on 19th march, 1991. ..... 1392 of 1989 (r), wherein the learned single judge having noticed the order dated 11th january, 1991 and cor rigendum dated 13th february, 1991, accepted that there is a joint cadre of all the assistants of the university.5. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR654(Jhr)]
..... is stated hat since the provisional promotion of the petitioner to the post of professor has not been ratified by the commission and therefore, in view of the provisions under section 58(10) of the bihar state university act, 1976, the university had no other option but to issue notification as contained in annexure-4 reverting the petitioner back to the post of readers. ..... learned single judge of this court while discussing the fact of the said case has stated that the screening committee was not properly constituted which resulted in large number of reversion of the university teachers and therefore, the learned single judge remanded the matter to the respondents for reconsideration the case of those petitioners for promotion with observation and direction in the said judgment. ..... the main stand taken by the university in its counter affidavit is that as per the amended section 58(10) of the bihar state universities act 1976 any provisional/adhoc promotion given to a person shall cease to have its effect on expiry on six months, if within the said period bihar state university (constituent college) service commission does not recommend the name of the concerned person for promotion to the post of reader/professor as case may ..... as a matter of fact both the appellants were given provisional promotions with retrospective effect in 1989 but their cases were not considered by the college service commission for years and they continued to enjoy the provisional promotions for a number of .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR1983
..... counsel on behalf of the petitioner has referred to and relied upon : (2001)10scc608 to support his contention that section 58(10) of the bihar state university act will not apply retrospectively.section 58(10) is quoted as under:notwithstanding anything to the contrary contained in this act or statue, rules or regulations thereunder promotion given on temporary basis to the post of reader or professor or officer of the university shall not be valid for a period exceeding six months, unless recommendation by the bihar state ..... the hon'ble supreme court at para-21 clearly held that the said provisional promotion cease to be operative consequent upon the enforcement of section 58(10) of bihar university act and in any case the approval by the college service commission in law is mandatorily required.8. ..... year 2000 without any notice to the petitioner after reverting the petitioner from the post of university professor to the post of reader giving effect the section 58(10) of the state universities act, however, the same is effective w.e.f. ..... argument has been made with regard to the applicability of section 58(10) of the state universities act, as to whether it will apply retrospectively or prospectively.3. ..... the learned counsel has referred to and relied upon : [1989]3scr383 to support his contention but this judgment relates to the issue of resjudicata wherein the hon'ble supreme court held that if the writ petition is disposed of after contesting on merits by a speaking order .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004CriLJ1842
..... 879 of 2003) registered under sections 147, 341, 323, 447, 504 of the indian penal code as well as section 3(1)(x) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 against the petitioner and others on the written information lodged by one ganesh ravi das.2. ..... in order to appreciate the submission of the learned counsel for the petitioner, it is relevant to quote section 3(x) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 which reads thus.3. ..... it was next contended that section 3(x) of the scheduled castes and scheduled tribes (prevention of atrocities) act is not attracted nor any case under the aforesaid provision is made out, from the contents of the f.i.r. ..... in the case of kurukshetra university v. ..... therefore, in my view certainly offence of section 3(x) of the said act is prima facie made out against the petitioner and other accused persons.14. ..... therefore, section 3(x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act is not attracted. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR1613
..... bangalore or examination held by any other board or university recognised as equivalent to it prescribed as eligibility condition for admission to first-year engineering degree course by vice chancellor under the karnataka university act, it was alleged that ineligible candidates without having requisite qualification had taken admission. ..... on the contrary the college and the university acted upon the notification issued by the govt. ..... 4, the principal of the college who is also the dean of faculty of law, vide his letter dated 24.1.2001 replied to the queries made by the university by submitting that the bihar government vide its notification dated15.1.1991 has treated 'vidya alankar' equivalent to bachelor of arts provided the candidate had passed the same with english. ..... it is further stated in the counter-affidavit that the matter relating to grant of degree to the petitioner was once again placed before the examination board of ranchi university for consideration and after due deliberation the board resolved that in the light of the decision of the equivalence committee degree of ll.b. ..... college and was not eligible to appear in the examination, but the blame for his admission must lie more upon the principal of the college who is the dean of faculty of law and the ranchi university who granted registration certificate because the principal of the college and the university must have known that 'sahitya alankar' is not equivalent to b.a. ..... , reported in 1989 (11) slr 372. 9. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR314(Jhr)]
..... in view of the aforesaid decisions and observations taking into consideration that the petitioners have retired from the service of the university, i direct the respondents to fix and pay the pension of the petitioners, in accordance with statute, within three months taking into consideration the last pay drawn by them without giving effect to section 58(10) of the bihar state universities act, 1976 in their cases. ..... the respondents including the university was directed to fix and pay the pension of those petitioners, in accordance with statute within three months taking into consideration the last pay drawn by them without giving effect to section 58(10) of the university act, 1976 in their cases.9 ..... sidhu kanhu university, dumka and analogous cases by its judgment dated 21st january, 2002 (reported in 2002 (1) jcr 207) held that the amendment made in the bihar state universities act, 1976 by insertion of section 58(10) cannot be given effect from retrospective date, nor the petitioners of the said case can be penalised on the basis of such amendment ..... nitya nand mishra were promoted to the post of university professors w.e.f 25th november, 1986 and 13th january, 1987 respectively vide notification no ..... satyadhan mishra is concerned, his date of promotion as university professor is 14th august, 1988 vide notification no. ..... nitya nand mishra is concerned, he retired as university professor on 31st january, 1998 whereas petitioner no. ..... 15/89 dated 19th february, 1989 whereas petitioner no. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR613(Jhr)]
..... the impugned order of the learned single judge directing the university to fix and pay their pension in accordance with statute taking into consideration the last pay drawn by them without applying section 58(10) of the bihar state universities act, 1976 in their cases is set aside and the university is directed to fix their pension on the basis of pay scale ..... held that the appellants having ceased to be professors consequent upon the enforcement of section 58(10) of the bihar universities act, the question of approval of provisional promotion did not arise. ..... whereby the university was directed to fix and pay the pension amount of the eight writ petitioners in accordance with the statue, taking into consideration the last pay drawn by them, without giving effect to the provisions of section 58(10) of the bihar state universities act, 1976 (hereinafter referred to as 'the act')2. ..... , observed as under:'in the case of appellant, the college service commission had not given approval within the time-frame indicated in section 58(10) of the act hence, the provisional promotion must be held to have ceased to be operative under the said amendment act, which was published in the bihar gazette on 25.8.1993..........admittedly both the appellants were given temporary promotions under the time-frame promotion scheme with express stipulation ..... in this regard notifications dated 1.9.1987, 11.5.1988 and 18.2.1989 were issued giving them such provisional promotion with retrospective effect from .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(2)BLJR1059; [2005(2)JCR293(Jhr)]
..... universities act, 1976' covered almost all the universities, situated within the territory of the state of bihar, except patna university, rajendra agriculture university and birsa agriculture university, for which separate acts ..... under section 3 of the 'bihar state universities act, 1976, 'the establishment and incorporation of the universities' within the territory of the then state of bihar have been shown, which includes 'kameshwar singh darbhanga sanskrit university', having the headquarters at darbhanga and the jurisdiction over whole of the ..... , their servicescan be terminated without prior notice, followed by legal action.e.regarding appointment of the candidates, who have passedteachers training examination from the institutes, registered under societiesregistration act and situated within the state of west bengal.those candidates, who have passed from certain institutessituated within the state of west bengal, such as, oevid hare college of correspondence ..... the court by its order dated 8th february, 1989, following the decision of the court, rendered in the case of 'mahendra prasad mehta' (supra), ..... by judgment and order dated 8th february, 1989 a division bench of the patna high court noticed that the petitioners of the said case after matriculation had obtained teachers training certificate from ..... 8829 of 1989', a division bench of patna high court disposed of the case with a direction to the respondents to consider the case of the petitioners in the light of the direction, .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(4)JCR175a(Jhr)]
..... counsel for the petitioners relied on rule 31(d) of the statute, framed under bihar state universities act, 1976 and submitted that even after their appointment as principal, they can be allowed to continue to receive salary in the scale of pay of university-professor.9. ..... by the said order, the respondent-state has directed the authorities to fix the pay of principals of different university-colleges in the ugc pay scale of principal, provisionally.2. ..... thereafter, on the recommendation of the commission the university granted them regular time bound promotion to the posts of professor vide memo no. ..... the only plea taken by the university is that it has not reduced the pay of its own but because of the impugned letter dated 24th february, 2004 issued by the state of jharkhand.7. ..... according to petitioner, they were appointed as lecturer of different colleges on the recommendation of bihar state universities commission ('commission' for short). ..... 1st june, 1989; 2nd petitioner w.e.f. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR2720
..... institute. thereafter, the institute acquired the status of autonomous college in march 1972, pursuant to the amendment in the bihar state universities act, which empowered the institute to frame its own rules and regulations relating to its governance, including the service conditions of the employees, regulations for including courses of academic programmes and conducting examinations ..... colleges. undisputedly, according to the statute of the ranchi university (annexure-4 and 4/a), a teacher having masters degree in engineering and has completed 13 years of continuous experience, became eligible for promotion to the post of reader / associate professor.undisputedly, upon considering the petitioner's case, the ranchi university by its order dated 10.8.1989, had also recommended the petitioner's case for his promotion to the post of associate professor with effect from 16.9.1984, in accordance with the provisions of ..... . thus, the benefits of such statute relating to grant of time bound promotion up to 1.3.1989 was denied to the petitioner and other teachers of birla institute of technology, mesra, though such benefit was extended to the teachers of the other engineering colleges of the state.5 .....
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