Court : Karnataka
Reported in : 1999(2)KarLJ1
..... . rajkurnar's case, supra, the full bench of this court after considering section 49 of the karnataka state universities act, 1976 had declared:--'there can be no doubt that in view of sub-section (4) of section 49 of the act, at the stage of inviting applications, there can be no restriction regarding the categories of candidates who could submit their applications seeking selection and appointment to the posts ..... . to return such a finding the apex court referred to the word 'post' used in section 57(4)(a) of the nagpur university act and found that the said word in that context had a relation to the faculty, discipline or the subject for which it was ..... association has filed this petition with prayer for quashing the advertisement dated 30th of september, 1996 and the corrigendum dated 20th of october, 1996, annexures-j and k with a further prayer to direct the respondent-university to re-advertise the posts by following the roster system as contemplated under article 16(4) of the constitution of india and by clearly indicating the posts which are reserved and the posts which are not reserved in the ..... is therefore crystal clear that the provisions of section 57(4)(a) of the nagpur university act and section 49 of the karnataka state universities act, 1976 (hereinafter called the 'karnataka act') are not similar ..... government of karnataka is stated to have issued roster system vide notifications issued from time to time, that is, 12-2-1989, 27-2-1989, 5-11-1994, 13-1-1995 and 21-6-1995. .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(2)KarLJ1
..... and two readers and four lecturers were approved and in view of the said facts in exercise of the power vested in it under section 35(i) of the karnataka state universities act, 1976, the senate, bangalore university, bangalore, made the statutes to be effective from the academic year 1993-94 and created two posts of readers in the new course of computer science and engineering in ..... taken in the light of the above said material on record, it is clear that the posts that were advertised in the notification dated 12-10-1993 were posts in the university college of engineering and not the department as contended by the learned counsel appearing for the third respondent and it is clear from the notification itself that the applications for appointment ..... and no amendment could have been granted on 16-11-1995, is concerned, suffice to say that notification was issued on 12-10-1993 and initially the only prayer to restrain the university from making any appointment contrary to section 49(9) and subsequently respondents 2 and 3 making applications for impleading and seeking additional prayer to be included in the writ by filing ..... the finance committee considered the proposal for creation of posts in its meeting held on 27-2-1989 and approved the creation of certain posts for the new course in the university college and since then the matter was under correspondence between university authorities and government of karnataka and the government by letter dated 6-11-1992 accorded approval for .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1691
..... learned chancellor has yet to take a decision in exercise of its power under section 38(1)(a) of the act, or other provision, particularly the provisions of the universities act which empowers the executive council to appoint particularly clause (7) thereof provides the power of executive council which included power to appoint officers and teachers and other employees of the university, and it is not necessary that the chancellor may agree with recommendations made by the expert committee constituted ..... large number of judgments of the hon'ble apex court and interpreting the provisions of the statute held as under :'if the procedure has been scrupulously followed, then no interference can be made by any authority of the university, including the chancellor and even the high court power to issue a writ shall be circumscribed to the well established principle of judicial scrutiny, meaning thereby; as to whether the procedure has been followed or not and ..... number of its earlier judgments and held that if a person working in the institution is genuinely concerned to rectify the wrongs without any personal animosity against anyone, his feelings are bona fide, being a teacher in the university and he has all informations and details of facts and law pertaining to the institution, he is neither politically motivated nor he comes forward for publicity, petition at his behest may be entertained even as a public ..... : [1989]17itr220(sc) ; andhra pradesh state road transport ..... , (1989) 1 uplbec .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC1077; (1998)2UPLBEC1377
..... at the relevant time when the notification of amendment in the statute was stayed by this court, the chancellor had no option except to act in accordance with the old statute of the university which empowered the selection committee to waive the infirmity in the minimum qualifications if the thesis or the published work of a person was ..... the case of the faculties of arts, commerce, and science, the following shall be the minimum qualifications for the post of a lecturer in the university, namely:(a) a doctorate jn the subject of study concerned or a published work of a high standard in that subject: and(b) consistently good academic record ..... chancellor under section 68 of the state universities act (hereinafter referred to as the act). ..... concerned, the attention of this court was brought to the fact that the statute of the university underwent a change on 25.3.1989 wherein the statute regarding relaxation in the minimum qualifications was deleted, meaning thereby, that neither the selection committee nor the university nor the chancellor was vested with a power to waive the minimum qualifications for the appointment ..... padia, learned counsel for the petitioner, assailed the order of the chancellor mainly on three points that, firstly : under section 68 of the act the chancellor can exercise suo-motu power only under exceptional circumstances but the chancellor has not indicated in the order that the case was exceptional in nature ..... clause (2) of statute 11.01 was deleted on 25.3.1989. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1470; (1999)2UPLBEC957
..... universities act, 1973 (hereinafter referred to as 'the act of 1973') and the first statute of the university.2 ..... state universities act, 1973, and since an efficacious remedy is available to the petitioners, present writ petition is ..... surprisingly a letter dated 9.9.1998, annexure-4 to the writ petition was sent by the registrar of the university to the petitioners intimating them that on scrutiny of the papers, it was found that in view of the decision dated 23.11.1988 passed by this court in ..... it is alleged that sri ramesh chandra misra, the present vice-chancellor of the gorakhpur university is a person, who is in the fold of amarnath misra and narsingh narain pandey, rival parties with whom long drawn litigation with ..... subsequently, on 9.9.1998, the impugned letter, annexure 4 was issued by the registrar of the university obviously for and on behalf of the vice-chancellor, that in view of the decision of this court in ..... in this writ petition, the order dated 9.9.1998 communicated by the registrar, gorakhpur university has come to be challenged whereby it has been intimated that the term of the committee of management ..... balram bhatt had filed a review application which was allowed by order dated 16.1.1989, a copy of which is annexure 10 to the writ petition and that this fact was not pointed out in the recall application that the term of the committee of management ..... in the recall application, which was decided on 16.1.1989, some alleged undertaking given by a senior counsel for .....
Tag this Judgment!Court : Delhi
Reported in : ILR1991Delhi78
..... has been invited by the learned counsel for the petitioners to section 30 of the jawaharlal nehru university act,1966 which petitions to removal of teachers on on allegations of misconduct, and he urges us ..... of the teachers and staff of the universally are also governed by jawahar lal nehru university act, statutes and ordinances framed there under ..... governed by the provisions of jawaharlal nehru university act, 1966 and the ordinance there under. ..... termination were not founded on allegations of miscorduct, thereforee, rule 30 of the university act is not attracted ..... reason why similar considerations should not apply while construing the ordinance framed under section 36 of the jawahar lal nehru university act ..... ventured to argue that when service has been terminated for unsatisfactory work or for lack of co-operation or other temperamental unsuitability, the same would still fall within the purview of section 30 of the university act ..... related to the temperament of the petitioners and as such docs' not fall v.ithin the an'bit of section 30 of the university act ..... . in this regard learned counsel relied upon clause 2(1) of the aforesaid contract and has urged that in case the university was inclined to extend the period of probation then in that case it was required to extent the period of probation at least 30 days before the expiration of that period and since the probation was extended on ..... members of the executive council filed on august 28, 1989 also need to be noticed both dr. v ..... (1989 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR1667; 1990(1)KarLJ107
..... 227 of the constitution of india, the petitioner has sought for a declaration that the provisions of sub-section (2) of section 33a of the karnataka state universities act, 1976 (hereinafter referred to as the 'act') are only prospective and not retrospective and that the terms of office held by the members of the authorities mentioned in section 20 of the act prior to the coming into force of karnataka act no .23/1986 shall not be taken into account for the purpose of section 33-a of the ..... his term of office as a member of the academic council of the mysore university comes to an end by the 31st of december 1989. ..... therefore, the said office has to be filled up for the period commencing on the end of december 1989. ..... cannot be taken into account for the purpose of applying sub-section (2) of section 33-a of the act and if it is done so, it would amount to giving effect to the provision of section 33a(2) of the act retrospectively because, according to the learned counsel for the petitioner, the term or terms of office held after the coming into force of sub-section (2) of section 33a of the act alone will have to be taken into account and not the term or terms of office held ..... having regard to the aforesaid statement of law and in view of the fact that sub-section (2) of section 33a of the act does not take away or impair any vested right acquired under the existing laws, but only part of the requisites are drawn for its action from a time antecedent to its passing, it cannot properly .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR2820; 1990(2)KarLJ365
..... in the objection statement, the appellant stated that under section 15(2) of the karnataka state universities act, the registrar (evaluation) of the university shall be in charge of the conduct of examination of the university and the matters relating thereto. ..... therefore, we are clearly of the view that in order that excellence of education be attained, the university, instead of remaining quiet, must take positive and concrete steps to prevent recurrence of this evil practice and enable good and bright students to take their examination on the scheduled dates ..... the learned judge, on consideration of this, came to the conclusion that in so far as it was not the stand of the university that writ petitioner had not indulged in copying, to penalise him, would not be proper. ..... why should he be obliged to take examination as and when it suits the university when there is not even an indirect suggestion by the student that he had also indulged in mass ..... thus, if the blame has to be attached to those persons like the university or any other academic institution which is in charge of holding examination, it is imperative and if it becomes necessary to take sufficient precautionary steps to prevent this mass ..... therefore, he came forward with writ petition 13965 of 1990 for mandamus praying that university be directed to hold forthwith re-examination in history iii paper in view of the cancellation of examination held on 4-4-1990 and 7-5-1990 for the year 1989-90 in the university of bangalore. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR4007; 2006(4)KarLJ399
..... the learned single judge pointed out that though the nomenclature of the post held by the respondent was that of a workshop superintendent, since the respondent was appointed in an engineering college established by the university, he was designated as a workshop superintendent and the nature of the duties entrusted to the respondent being that of teaching and valuing answer scripts, the learned single judge was fully justified on examination ..... that since the respondent was appointed to a non-teaching cadre, it is not permissible for the respondent to contend that he was a teacher within the meaning of section 2(12) of the karnataka universities act (hereinafter referred to as 'the act') and statute 21.1 of the statutes. ..... the 1st respondent in this appeal filed the writ petition challenging the correctness of the order dated 5th november 2001, issued by the appellant-university, a copy of which has been produced as annexure-b to the writ petition, informing the respondent that he would attain the age of superannuation on 30th september 2002 as he ..... petition that since the respondent was in the teaching cadre, he was entitled to continue in service till he attained the age of 60 years and the notification-annexure-b issued by the university notifying that he would attain the age of superannuation on 30th september 2002 on the premise that he was not in a teaching cadre is totally unsustainable in law. ..... petitioner was appointed as a physical culture instructor on 11th september 1989. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3682
..... examinations are purely governed by the university act and regulations made thereunder. ..... , was a case in which it was sought to be contended on behalf of the university by reason of interim ordinance the benefit of revaluation result, the petitioner to get gold medal would he ..... adhiniyam (2 of 1973) section 23(xliv) - ravishankar university ordinance 5, clauses 22, 31 and ordinance 6, clause 25-merit list publication of - increase of marks of one examinee on revaluation consequent change in merit list obligatory on university to notify fresh merit list. ..... as is rightly contended by the appellant and the university, equality means among the equals and not unequals ..... we tried to ponder over as to what exactly is the reason for not giving the benefit of re-ranking on revaluation, it is stated on behalf of the university as a matter of policy such re-ranking leads to confusion. ..... this basis it is contended that it is purely a matter of policy to award re-ranking or not where the university has decided against re-ranking. ..... on 1-9-1988 the university of bangalore notified the names of the candidates who have secured first ten positions of rank in final b. ..... degree examination of bangalore university under registration no. ..... 1755/1989 seeking a writ of certiorari quashing the notification dated 9-8-1985 issued by the bangalore university, partially in so far as it prohibited revising the ranking in respect of those candidates who secured enhanced marks on revaluation except declaration of class.2 .....
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