Court : Allahabad
Reported in : 2004(1)AWC719; (2004)2UPLBEC1593
..... the submission of sri upadhyaya is that there is no provision in banaras hindu university act, 1915, statutes and ordinances empowering the vice-chancellor to decide a dispute pertaining to election of committee of management and there being no provision in the statutes, the learned judge of this court erred in directing the vice ..... of a teacher in such college or institution shall be made on the recommendation of a selection committee which shall consist of : (a) the principal, unless the post to be filled is that of the principal ;(b) one representative of the university nominated by the executive council ;(c) two persons nominated by the managing body ;(d) two persons not connected with the college or institution who have special knowledge of the subject with which the person to be appointed will be ..... sri srivastava contended that there is no provision in the banaras hindu university act, 1915, or in the statutes empowering the vice-chancellor to decide ..... section 15 of the banaras hindu university act, 1915, provides for maintenance and admission to the privileges of the colleges, which is quoted below :'15 (1) the central hindu college, (banaras) shall from such date as the governor-general in council may by notification in the gazette of india, appoint in this behalf, be deemed to be a college maintained by the university, and the university may found and maintain other colleges and institutions including high schools, within a radius of fifteen ..... rao chavan, air 1989 sc 1582. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(57)BLJR1022; JT2009(4)SC43; 2009(3)SCALE293; (2009)4SCC590; 2009(2)LC1022(SC)
..... it has, however, been stated at the bar that the ignou has neither made any regulations nor any statutes.the first schedule appended to the open university act provides for the objects of ignou, the relevant provisions whereof read as under:1(e) contribute to the improvement of the educational system in india by providing a non- formal channel complementary to the formal system and encouraging transfer of credits ..... vahanwati, learned solicitor general who appeared at the request of the court would contend that from the statement of objects and reasons of open university act it is evident that the parliament made a distinction between formal and non-formal education and ugc act being concerned with formal education, ignou and particularly the dec had the requisite jurisdiction to lay down syllabus as also duration of such courses.13. mr. ..... the introduction and promotion of distance education in the educational system of the country is, therefore, of great significance.we may also notice some provisions of the open university act.2(e) 'distance education system' means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means;xxx xxx xxx3. ..... from various correspondences, it would appear that the ugc regulations were amended only in the year 2003 and the master's degree awarded upto 30.6.1989 were treated to be valid.iii. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3870; JT2003(7)SC513; 2003(6)SCALE308; (2003)10SCC14; (2003)3UPLBEC2615
..... the claim contending that the post advertised was specifically for the post graduate regional center at sirsa, to which the appellant was recruited and was not meant for the department of law at the university campus, kurukshetra; that the appellant was not confirmed in the said post and having regard to the sanctioned strength of professors in the department of law at kurukshetra, the appellant could not be ..... the commencement of this act to vest in the new university and thereby not only the hissar center came within the scope and jurisdiction of the guru jambheshwar university act, 1995, but he had also been paid salary only from the guru jambeshwar university from november, 1995 onwards ..... on the passing of the guru jambheshwar university act, 1995 and notified on 22.9.1995 the said university came into being and section 35 of the said act provided for the transfer of the regional center at hissar and sirsa and the courses run thereunder and the posts created and filled therefore ..... have made representations on 19.8.1996 and again on 17.8.1996 to the authorities of the kurukshetra university about his status and claim that he continued to be an employee of kurukshetra university and, therefore, ought to be taken back as professor in the main faculty of law of which he claimed to be an integral part under the kurukshetra university act and statutes made therein. ..... : (1989)iillj586sc , which was relied upon by the division bench of the high court to grant relief in favour of the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1993Delhi239; 50(1993)DLT588; ILR1993Delhi22
..... . 3 of the jawaharlal nehru university act, it should be clear that whereas universities in england and in america are 'corporate aggregates', that is to say universities are comprised of aggregates of in-corporated bodies, the jawaharlal nehru university is altogether of natural persons, postulated by s, 3(2)of the jawaharlal nehru university act, namely, the vice chancellor, members of the court, members of the executive council and of the academic council, all of whom, because of ..... counsel for the petitioner, that section 18 of the jawaharlal nehru university act provides for schools of studies, special centres and laboratories mentioned ..... has stressed that it is important that all the formalities required to be completed by the students, be completed by them before they can be finally examined for the purpose of conferment of the university degree, that is to say they must complete the course by attending each semester, they must do the sessional examinations, and there must be assessment of class performance of the students, which ..... it appears to us that the academic council did not consider whether relaxation under clause 12 of ordinance 14 ought to be granted in the special circumstances of the case.we direct the university to call a meeting of the academic council within a week from today and place all the facts before the academic council along with our order for consideration of relaxation under clause ..... . university of jodhpur, : [1989]1scr230 , and this court in .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(2)BomCR394
..... it is clear from the powers and the duties of the board of studies given in section 29(5) of the university act that the board of studies has to recomment to the executive council or the academic council the courses of study in the subject or group of subjects within its purview, to recommend the books for such courses of ..... in the light of the above substantive provisions of section 29 of the university act, we may refer to the relevant statutes in accordance with which the board of studies in each subject or group of subjects has ..... section 29 of nagpur university act, 1974 (for short, ' the university act') provides for composition ..... since it is not possible for us to evolve any uniform principles for determination of subjectwise seniority in the faculty of commerce applicable to all affiliated colleges and since the university has also not laid down any rules or guidelines in this regard, the only thing we can do is to determine whether in the facts and circumstances of the instant ..... statute 23 framed under the university act provides that there shall be a board of studies for every subject or group of subjects comprised in each faculty as indicated ..... said statute 24 then provides that the registrar of the university should prepare lists of heads of departments in the conducted constituent and affiliated colleges, who would constitute the electorate for the election of 10 heads of departments to the concerned board of studies as provided in section 29(2)(ii) of the university act.5. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1990All96; (1990)1UPLBEC52
..... state universities act, 1973 (briefly, the act, 1973). ..... treated to be expert member and the provisions of section 31(4) should have been given the meaning that it provides for 3 expert members and since one of the expert members, namely, the dean faculty of arts, gorakhpur university had participated in the selection committee the petitioner's selection was in accordance with law. ..... banerji, dean, faculty of arts, gorakhpur university as one of the experts on the selection committee under section 31(6) of the act........that dean faculty of arts, gorakhpur university is a senior professor under s. ..... banerji acted as an expert on behalf of the university and as such there was compliance of the provisions of section 31(6) of the act.'4. ..... under secretary to the chancellor sent a communication to the petitioner dated 3-11-1981, annexure 7 to the writ petition that his representation, annexure 6 had been forwarded to the vice-chancellor, gorakhpur university for necessary action. ..... 27(4) and an officer of the university under s. ..... banerji had acted as expert member and there was compliance of section 31(6) of the act.....'3. ..... banerji had acted as an expert on behalf of the unviersity and thus there was full compliance of the provisions of s. ..... 9 of the act and as such shri banerji should have been treated as an expert member nominated by the vice-chancellor..... ..... 31(6) of the act, 1973. ..... 31(6) of the act, 1973. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1992All298; (1992)2UPLBEC1435
..... the appointment of the saraf committee was, in normal course of business, the job of the vice-chancellor, but in taking the decision the vice-chancellor had acted at the dictates of the students and not according to his own discretion which he was supposed to exercise under the provisions of the university act and rules and regulations framed thereunder.46. ..... of professors submitted by the students' union, who would be included in the enquiry committee, was accepted because there was involvement of staff, both academic and non-academic, of the university in the alleged use of unfair means by the petitioner and the students bona fide apprehended that a complete investigation may not be possible and it was for that reason that the chandrasekaran ..... appointment of saraf committee and dissolution of the chandrasekaran committee at the instance of a group ofstudents can give a reasonable apprehension to every prudent man that the university was functioning under the influence of the complainants and the chandrasekaran committee was dissolved because of its impartiality, which was not liked by the agitating students and the ..... this affidavit seems to have been filed in compliance with the order of this court dated 12-4-1989 whereby the respondents were asked to disclose whether the members of the saraf committee appointed on 1-10-1986 were present and had participated in the ..... about the likely bias and real bias is adopted by the assam and nagaland high court in the case of manihar singh v. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR212; (1991)93BOMLR789; 1991(1)MhLj415
..... circular dated 21st march, 1990 was valid.8) the vice-chancellor had ample power to take emergency decisions after assessing the situation under section 11(4) and section 11(6) of the bombay university act, 1974.9) the emergency action of the vice-chancellor pertained to holding supplementary examination and had no relevance to the issues raised in the petition.10) the respondents had lawfully prevented the ..... inasmuch as clause (v) of the impugned circular dated 21st march, 1990 and the action of the vice-chancellor pertaining thereto was challenged before this court.10) section 11(6) of the bombay university act, 1974 had no application to the present situation.11) section 11(4) of the bombay university act, 1974 empowers the vice-chancellor to act only if there was reasonable grounds for him/her to believe that there was an emergency which required action to be taken. ..... 1990 and 30th august, 1990 and the same could not, therefore, be enforced during the academic years 1988-89 and 1990-1991.9) in any event, section 11(4) of the bombay university act, 1974 could not empower the vice-chancellor to abrogate or modify the old ordinance or abolish the facility of a.t.k.t. ..... 1989, the registrar of the university of bombay issued another circular announcing the decision of the vice-chancellor under section 11(4) of the bombay university act, ..... 1989 notifying the decision of the vice-chancellor of the university in purported exercise of powers under section 11(4) of bombay university act .....
Tag this Judgment!Court : Chennai
Reported in : AIR1991Mad32
..... while what the university is undertaking to do above would merely be a departure from established procedure in view of the extraordinary circumstances of this case, the prayer sought for by the college, namely, to permit the college to conduct its own examinations (without getting autonomous status) is illegal and contrary to the provisions of the madras university act and the laws of the university. ..... i shall be glad to receive detailed proposals/application from your college in this regard so as to reach this office on or before 7th april, 1989 for consideration by the university; otherwise, it will be construed that the college is not willing to come under the autonomous status.' 3. ..... the only ground on which the writ is sought is that the university having held out that the consideration for the autonomous status will be from the academic year 1989-90 and having invited the petitioner to make an application in that behalf, ought to have accepted the recommendation of the inspection commission and obtained the concurrence of the u.g.c. ..... the commission made a recommendation that autonomy could be granted to the college provisionally for this year (1989-90) in respect of the under-graduate and postgraduate courses run by them and suggested another inspection commission to be sent immediately before the commencement of the next year to review and report to the syndicate as to whether the autonomy .....
Tag this Judgment!Court : Chennai
Reported in : AIR1991Mad246
..... in view of the categorical pronouncements made by the supreme court, such of those provisions of the madras university act which will fall under the heading "co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions" will be void ..... even before any report was submitted by the said commission, the syndicate of the university accepted the report of the high power committee appointed by the government referred to earlier, and resolved on the basis of the said report to reject the request for provisional affiliation for the year 1989-90 and also issue show cause notice for cancelling the affiliation granted for 1987-88 and for ..... learned counsel also pointed out that the all india council for technical education has filed an affidavit in this court that on 11-10-1989, a regional expert committee for all the technical institutions in tamil nadu has been appointed and the committee has been directed to complete the visit of the five institutions which had approached ..... fact that the government had as late as 19-7-1989 requested hindus-than college of engineering, padur, chengalpattu district, to move the all india council for technical education for early issue of its concurrence while the government itself recommended the grant of such concurrence in spite of the fact that the said college did not fulfil the conditions imposed by the government and the university as evident from the available records.5) it is .....
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