Court : Punjab and Haryana
Reported in : AIR1972P& H170
..... had also challenged the legislative competency of the punjab legislature to make a provision in section 5(3) of the guru nanak university act, for the disaffiliation of the colleges already affiliated to the punjab university but their lordships did not determine that question as it did not relate to the fundamental rights of the petitioners before them ..... removal of doubt it is hereby declared that the provisions of this section shall apply also to the punjab university constituted under the punjab university act, 1947 (east punjab act 7 of 1947), the punjab agricultural university constituted under the punjab agricultural university act, 1961 (punjab act 32 of 1961), and the board constituted under the provisions of part iii of the sikh gurdwaras act, 1925 (punjab act 8 of 1925). ..... ' their lordships came to the conclusion that the various provisions of the guru nanak university act and the impugned notification did not involve the contravention of any fundamental rights of the petitioner-colleges and, therefore, held them ..... the punjab government could, by a notification under section 5(3) of the punjabi university act, disaffiliate all the educational institutions in the remaining districts of punjab, and he could have no objection to the same as the punjabi university act was enacted prior to the reorganization of the state. ..... been given the same pattern of administration excepting a very few because of their peculiar circumstances and problems like jammu and kashmir and nagaland. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj350
..... larger bench and the question framed for consideration thereof is whether ordinance 67-a of the rajasthan university ordinances (for short, 'the ordinances'), will prevail or the employees will be governed by the rajasthan non-government educational institution act, 1989 (hereinafter referred to as 'the act, 1989') and the rajasthan grant-in-aid to education and cultural institutions rules, 1963 (for short, ..... agarwal, the learned advocate general, submitted that under the rajasthan university act, 1946 (hereinafter referred to as 'the act, 1946') the university of rajasthan is not clothed with the power to fix the ..... section 43 of the act, 1989 confers upon the state government the power to make rules and in exercise thereof he government framed the rules, 1993 and we would like to refer the provisions thereof as under:clause (b) of rule 2 of the rules, 1993 defines the word 'affiliated institutions' means a non-government educational institution affiliated to any university established by law in the state of rajasthan.clause (n) of rule 2 ..... act, 1989 and the rules, 1993 make provision for various aspects of the non-government recognized aided institutions, which are affiliated to the university ..... prescription of the age of superannuation at 58 years of the teachers and the employees of the non-government recognised affiliated aided college under the act, 1989 and the rules, 1993 is not prejudicial to the petitioner as under rule 3(16) of the rules, 1963 the age of superannuation was .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)MhLj460
..... as at present, the provisions of section 77b of the maharashtra universities act, 1994, do not envisage such a power with the university. ..... government resolution dated 27-2-1989 does not provide any power either with the university or with the director of education to condone such a gap in service and also to treat the part-time service also as regular service. ..... the government of maharashtra through the department of education and employment, issued resolution dated 27-2-1989 and came out with a scheme of career advancement for teaching as well as some non-teaching staff like the assistant librarian/librarian, director/instructor of physical education, etc. ..... (sociology) in 1968 from the marathwada university at aurangabad, came to be appointed as a lecturer in rajashri chhatrapati shahu maharaj vidyalaya at kolhapur on 16-6-1969. ..... the clarifications given by the university are not based on the correct interpretation of the said resolution issued by the state government for career advancement. ..... 4 vide its circular dated 12-12-1989. ..... 3700-5700 with effect from 1-7-1986 on the basis of government resolution dated 27-2-1989.2. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR730; 1998(5)KarLJ62
..... the statement of objects and reasons can be used only for the limited purpose of ascertaining the circumstances which led to the passing of the act and to determine the validity of an offending act the doctrine of pith and substance has to be applied'.in the instant case while upholding the validity of 1989 rules and the judgment of this court, the supreme court rejected all the pleas of the manufacturers and distilleries of the imfl which have ..... bangarappa, the then chief minister of the state although, the proposal was against the norms laid down under section 53 of the karnataka state university act as it had not been recommended by the university. ..... all the applications pending for clearance by local inquiry committee and inspection as also affiliations in the bangalore university may be considered on merits and be sent to the government with comments. ..... dental college was not pending with the university for clearance and that the application had been returned to the trust on 10-7- ..... without waiting for the aforesaid reply from the university, a cabinet note was prepared at the instance of sh. ..... dental college was pending with the university at that time, having been rejected ..... 000/- had already been returned by the university on 10-7-1991 while rejecting the application. ..... the bangalore university did not allow the excess students to appear in the examination and warned the college to discharge the excess students'.it was further found that the petitioner herein had obtained a sum of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3924; 1992(1)KarLJ349
..... the recommendation of the local inquiry committee appointed by the university, the state government by its order dated 23-6-1989 directed the university to give affiliation as required under section 53 of the karnataka state universities act, 1976 (for short 'the act'). ..... the opening words of section 4 clearly show that the powers of the university under the said section are subject to the provisions of the act and such conditions as may be prescribed by the statutes or ordinances; when section 53 is a self-contained section in the matter of dealing with affiliations section 4(xix) which states about the powers of the university in the matter of suspension or withdrawal of affiliation of a college is of no assistance to ..... at the time of granting affiliation for the year 1989-90 the university had directed the college to appoint 7 full time teachers and 6 ..... (2) under proviso to sub-section (9) of section 53 of the act, university is competent to reject affiliation without referring or placing the matter before ..... the second respondent-university has filed the statement of objections contending that by a communication dated 27-9-1989 (annexure-d) the second petitioner was asked to send a compliance report in respect of the conditions imposed for grant of affiliation so that the university could issue a ..... second respondent-university had not granted affiliation to any homeopathic college prior to 1989-90 as there was no separate faculty and syllabus in the university for homeopathy .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD689
..... issue that arises for consideration is whether by interpreting section 39 of the act which is in para materia with section 38 of erstwhile osmania university act, can the petitioners claim parity of age of superannuation on par with ..... power to regulate the conditions of service, of both teaching and non-teaching staff, the government has allowed the different age of superannuation for teaching and non-teaching staff of the university and has not fixed the age of superannuation of the non-teaching staff at 58 years on the footing that the age of superannuation of the government employees in the state of andhra pradesh is ..... as long back as 1989 reducing the age of the non-teaching staff to 58 years and the said resolution of the university was not challenged even ..... admittedly, the university was having 60 years age of superannuation prior to 1989 and the age of superannuation was fixed at 58 years by the resolution of ihe executive council of dated 17-6-1989 and thereafter it continued ..... condition was accepted by the non-teaching staff and thereupon the executive council of the university passed resolution on 17-6-1989 fixing ihe age of retirement at 58 years for non-leaching employees and thus the ..... virtue of resolution passed by the andhra university in 1989.7. ..... , the government was intimated the facts and thereupon the government issued g.o.ms.no.65, dated: 10-2-1989 making applicable the revised pension rules of 1986. ..... superannuation in respect of non-teaching staff was reduced to 58 in 1989. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(3)ALLMR801; 2000(4)BomCR728; (2000)3BOMLR175; 2000(4)MhLj375
..... of 55% marks at the master's degree level has been duly prescribed in exercise of powers conferred by section 11(6)(b) of the bombay university act, 1974 and there is no question of the university being estopped from applying a clear principle of law duly enunciated. ..... was issued by the vice chancellor in exercise of the powers conferred upon him by section 11(6)(b) of the bombay university act, 1974. ..... after appearing for an interview before the local selection committee constituted by the university of mumbai under statute 417 (iii), the petitioner came to be selected on a temporary basis to the full time post of lecturer in law in ..... merit in the submission that the university was estopped from denying its approval to the appointment of the petitioner on the ground that her appointment as a part time lecturer had been approved during the period 1989-1999. ..... the petitioner as a part time lecturer was approved by the university of bombay (subsequently, mumbai) from time to time during the period 1989 to 1999. ..... in impugning the decision of the university not to grant approval to the appointment of the petitioner as a full time lecturer in law, the petitioner contends, firstly, that the university is estopped from withholding its approval since, during the years 1989-1999, the university had granted its approval to the appointment of the petitioner as a ..... the iind class and in may 1989 passed the l.l.m. ..... appointed as a part time lecturer in law in the 2nd respondent college in june 1989. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC1428
..... reason, the statute was amended on 25.3.1989, which is reproduced as under :'in exercise of powers under sub-section 1 fa) of section of the uttar pradesh state universities act, 1973 (president's act no. ..... section 7 of the state universities act, consistently good academic record is not the basis for selection of reader and professor and in some of the universities, the power to relaxation exists ..... otherwise section 68 of the state universities act confers wide powers to the chancellor ..... drawing and painting in the faculty of humanities the following shall be the minimum qualifications for the post of a lecturer in the university, namely : either master's degree or an equivalent degree or diploma recognised by the university in the relevant subject with atleast 55 per cent marks or its equivalent grade and consistently good academic record : or a traditional or a professional humanist with highly commendable ..... here that the recommendation of the selection committee could not be deliberated by the executive council within a period of four months in consequence thereof under proviso 8 (a) of section 31 of the state universities act. ..... the contention that in the universities which are governed by the central acts possess the power of relaxation in the minimum educational qualification of lecturer, hence, stripping of that power by the present statute is violative of article 14 of the constitution is ..... enacted and amended by the uttar pradesh universities (re-enactment and amendment act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC2493; [2001(90)FLR1131]; (2002)1UPLBEC187
..... (3) of section 21 of the uttar pradesh state universities act. ..... from the averments made in the petition, it transpires that the' university is pursuing steps for creation of the post of university engineer, and the matter for mandatory prior approval of the state government, is pending with the ..... in the absence of any duly created post of the university engineer, the resolution of the executive council and the various orders passed by the authorities of the university, referred to above, are totally illegal and without jurisdiction ..... counsel of the petitioner also, very fairly, concedes that the post of university engineer neither is in existence nor was ever created in accordance with the provisions of sub-section (3) of section 21 of the act, although efforts for its creation are on. ..... on ad hoc basis and on one year's probation with effect from 1st june, 1989, clamorous to get himself treated asuniversity engineer and appointed on the said post, indirectly and clandestinely, with the unholy blessings of the high and mighty authorities of the university, and seeks assistance of this court in furtherance and implementation of his surreptitious plan.3 ..... the order dated 16th january, 1989, passed by the vice-chancellor of the purvanchal university, jaunpur (w.p. ..... petitioner, a routine clerk of the university, appointed vide ofder dated 25th may, 1989 (w.p. ..... 1989, passed by the vice-chancellor (annexure-4) directs the registrar to entrust to the petitioner all the engineering works with .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR4111; 1992(1)KarLJ326
..... (3) it was not open to the university to exercise power under section 37(f) of the karnataka state universities act, 1976 when express provision is available to deal ..... by the respondent is bonafide and is in the larger interest of the students community more so to maintain the purity of examinations, the letter of the first petitioner dated 12-4-1991 is presented to the university only on 18-4-1991, thus taking; the serious matter in a casual manner, in the said letter he himself has admitted that he cannot vouch safe that there was no copying, at the centre ..... and that the principal had not co-operated with the squad and refused to sign the report prepared by the squad, the university had received number of letters and telegrams alleging that the principal of the college had collected money from the candidates taking examination ..... 1989 karnataka 3292 has stated in para-6 of the said decision thus:'if, on the report by the vigilance squad that there had been mass copying or malpractice in the examination hall concerned, the university had proceeded to cancel the performance of all the candidates who took examination in that hall without reference to any individual students, and to hold a fresh examination in the subject concerned for all ..... 1989. ..... 1989 karnataka 3253 in my opinion is of no assistance to the petitioners, inasmuch as in that case the performance of examination of 28 examinees was cancelled after furnishing charge memo to them and after holding ..... 1989(4) karnataka 3292 .....
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