Judgment Search Results Home > Cases Phrase: national commission for minorities act 1992 Court: allahabad Page 1 of about 698 results (0.091 seconds)

Renaissance Forum, Allahabad Vs. Union of India and Another

Court : Allahabad

Reported in : 1999(3)AWC2103

..... state of maharashtra and another, air 1997 sc 1409, wherein following observations were made in regard to the national commission for minorities and some of the sections of the act aforementioned :'.....section 3 of the national commission for minorities act. ..... on going through this writ petition and the supplementary affidavit, it transpires that the real prayer of the petitioner is to quash the national commission for minorities act. ..... 1992, for short the act, provides that the central government shall constitute a body to be known as 'the national commission' for minorities to exercise the powers conferred on, and to perform the functions assigned to it, under the act. ..... para 1 (2) who are forced to leave their houses while no such situation exists anywhere in india in relation to minorities ; the subject of giving constitutional right to minority community is neither covered by seventh schedule nor under any article of constitution and as such the parliament has acted beyond its authority in making law of national commission for minority thereby the act is liable to be struck down ; during last few years it was observed that political parties are preaching religious and caste appeasement inthe .....

Peoples' Union for Civil Liberties, U.P. Bench Vs. State of U.P. and o ...

Court : Allahabad

Reported in : 2000(1)AWC729

..... by a state government though in its discretion whereas under the national commission for minorities act. ..... , inter alia, following things : (i) a writ petition filed challenging the abolition of minority commission set up by the state government was dismissed by the bombay high court, (ii) on appeal a notice was issued by the supreme court why the national commission should not take up the issue of protecting the interest of the minorities in the state of maharashtra. ..... the central government filed an affidavit that it had undertaken to establish branch of the national commission at mumbai, (iv) due to want of statutory compulsion, the state cannot be directed by a mandamus to constitute commission or to reconstitute it once abolished, (v) under these circumstances no compelling reason was ..... the aforementioned facts and circumstances on 16.6.98 the state decided not to constitute the state human rights commission at this stage, the constitution of which is also not mandatory as the act has left a decision to be taken by the state government in this regard ; the figures as obtained from the annual report 1996-97 of the national human rights commission showed that 2900 were the number of total cases registered during 1995-96 and 8728 during 1996 ..... 1992, there is no such provision enabling the state government to constitute minority commission ..... 1992 (1) scc 707, cannot be said to be irrelevant where directions were issued for establishing consumer forums under the consumer protection act .....

The Aligarh Muslim University Through Its Vice-chancellor Vs. Malay Sh ...

Court : Allahabad

Reported in : 2006(1)AWC992

..... on behalf of national commission for minority educational instututes as intervehor ..... a teaching and teaching and residential muslimresidential muslim university at university at aligarh, and toaligarh, and to dissolve the dissolve the societies registeredsocieties registered under the under the societies' registrationsocieties'registration act, act, 1860, which are1860, which are respectively respectively known as theknown as the mohammadan mohammadan anglo orientalanglo oriental college, aligarh, college, aligarh, and the muslimand the muslim university university association ..... task before the hon'ble single judge was, and before us also is, to see whether the 1981 act so altered the basis of the basha case, legally and validly, as substantially to convert the aligarh muslim university into a minority institution because, and only because, of the said amendment act, or whether, if the act by its words had succeeded in purporting to achieve that object, it, by that very reason, transgressed the ..... same;(b) of considering ordinances; (d) to elect such persons to serve on authorities of the(c) of considering and passing university and to appoint suchresolutions on the annual officers as may be prescribed by report, the annual accounts and this act or the statutes; andthe financial estimates;(d) of electing such persons to (e) to exercise such otherserve on authorities of the powers and perform such other university and of appointing duties as may be conferred or such officers as may be .....

Shiva Ent Ydyog Vs. National Human Rights Commission and Ors

Court : Allahabad

..... the chairperson of national commission for minorities; national commission for the scheduled castes, the national commission for the scheduled tribes and the national commission for women, are its deemed members. 15. ..... the violation of the the bonded labour system, (abolition) act of 1976, is without any doubt a violation of human rights as defined under section 2 (d) and (f) of the protection of human rights act, 1993 for which the national human rights commission has the authority conferred by the protection of human rights act, 1993, to enquire, investigate and to take steps provided under sections 13, 14 and 16 of the act. 25. ..... the submission of shri shashi nandan, that the violations under bonded labour system (abolition) act, 1976 was not established and that in any case the national human rights commission has no authority to direct implementation of the act of 1976 and for prosecution under the act is wholly unfounded. ..... of bonded labour system is very wide, and includes in the explanation any system of forced or partly forced labour under which any workman including contract labour as defined in contract labour ( regulation and abolition) act, 1970 or an inter-state migrant workmen (regulation of employment and conditions of service) act, 1979 is required to render labour or service in circumstances of the nature mentioned in sub clause (1) of the clause and is subjected to all or any of the disabilities under sub clauses (2) to (4). 21. .....

Dr. Naresh Agarwal Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2005(4)AWC3745; 2005(4)ESC2489

..... for the national commission for minority educational institutions (hereinafter referred to as the commission) after referring to the historical background in which the said commission has been established, has made reference to facts leading to establishment of the university as well as to various provisions of the aligarh muslim university ..... . on behalf of national commission for minority educational institutions intervention ..... other anomaly, which may be created on acceptance of the contention raised by the counsel, for the university and union of india would be that, in case it is held that amendment incorporated vide act 1981 declare aligarh muslim university to be a minority institution with reference to article 30, it would logically follow that the amendments made vide amending act, 1951 and the amending act of 1965, whereby the constitution of the governing bodies was altered by the legislature would ..... muslim university having been incorporated as a legal juristic person under a legislative act of 1920, as such cannot claim fundamental right guaranteed for citizens under the constitution of india nor the members of the minority community can claim such a fundamental right in respect of a ..... of opinion that the aligarh university was neither established nor administered by the muslim minority and therefore there is no question of any amendment to the 1920 act being unconstitutional under article 30(1) for that article does not apply at all to the aligarh university .....

Satyendra Kumar Tripathi and Etc. Vs. State of U.P. and anr. Etc.

Court : Allahabad

Reported in : AIR2005All147

..... mineral resources in such land;(b) has not committed any breach of the terms and conditions of the reconnaissance permit or the prospecting licence;(c) has not become ineligible under the provisions of this act; and(d) has not failed to apply for grand of prospecting licence or mining lease, as the case may be, within three months after the expiry of reconnaissance permit or prospecting licence, as the case may be, or within such ..... any rule made under sub-section (1) shall pay (royalty or dead rent, whichever is more) in respect of minor mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee at the rate prescribed for the time being in the rules framed by the state government in respect of minor minerals:provided that the state government shall not enhance the rate of (royalty or dead rent) in respect of ..... judgment, these traditionally engaged persons have been engaged in the profession of mining minerals from river beds and for the said purpose the state has relied on the sathi commission report which has been placed before us through the written submissions of the learned standing counsel. ..... , the petitioners further argued that 1957 act and the 1963 rules are not framed with a view to facilitate redistribution of national wealth nor the said enactments have been legislated for the furtherance of social justice in the ..... rules are the castes which are referred to in sathi commission's report of 1977, the copy whereof was also produced before .....

Sunil K.R. Sahastrabudhey Vs. Director, I.i.T., Kanpur

Court : Allahabad

Reported in : AIR1982All398

..... although hindi has been declared as the national language, no student getting education in an institution run under a central act can force the institution to impart education to him in hindi in deonagri script. ..... this implies the right of a minority community to impart education or instruction to the children of its own community in the institutions run by it and in its own language and if such right is infringed, an institution run by the community may seek relief for violation of any fundamental right. ..... at this juncture, it may be pointed out that the indian institute of technology, kanpur, of which the petitioner is a student, was established as an institute of national importance under institutes of technology act (act 59 of 1961). ..... although hindi is the national language of india and article 351 of the constitution lays down as a duty on the union to promote the spread of hindi language to develop it so that it may serve as a medium of expression for all the elements of the composite culture of india, but there is no right conferred on any citizen to compel an institution to impart education in that particular language.13. ..... it is for the government concerned to make suitable amendments in the law which may compel the institution to impart education in the national ilanguage. 19. ..... whether or not the petitioner ought to have been permitted to submit his thesis in hindi, when the same had been accepted as the national language, is a political question. .....

Dr. Bheem Rao Ambedkar Degree College Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(3)ESC2162

..... notwithstanding anything contained in the foregoing sub-section the state government, may in order to implement any decision taken by it in the interest of learning, teaching or research or for the benefit of teachers, student or other staff or on the basis of any suggestion or recommendation of the university grants commission or the state or national education policy with regard to the qualifications of the teachers, require the executive council to make new or additional statutes or amend or repeal the statutes referred to in sub- ..... the statute or ordinances [or has failed to comply with the orders of the director of education (higher education) made on the basis of the recommendation of the uttar pradesh higher education services commission under the uttar pradesh higher education services commissions act, 1980]; or(iii) that any dispute with respect to the right claimed by different persons to be lawful office-bearers of its management has affected the smooth and orderly administration of the college; ..... order regulating admission under this clause shall be inconsistent with the rights of minorities in the matter of establishing and administering educational institutions of their choice;(c) in making an order under clause (a), the state government may direct that any person who willfully acted in a manner intended to contravene, or defeat the purposes of the order shall be punishable with imprisonment for a term not exceeding three months or with the fine not exceeding one .....

Chhavi Dutt Sharma Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Allahabad

Reported in : (2006)(1)SLJ379CAT

..... article 320(3) like regulation 20 with which we are concerned provides that the union public service commission or the state public service commission, as the case may be, shall be consulted on all disciplinary matters affecting a civil servant including memorials or ..... the d.a's reference to the appellate authority to pass appropriate orders, apart from inviting our attention to para 10(3) of the d&a rules, 1968 as extracted above, the learned counsel for the respondents has also referred to the provisions relating to powers under the disciplinary rules of various authorities in respect of group a and group b officers.12. ..... memo passed by the disciplinary authority had not been set aside by any formal order of the higher authorities, the applicant has prayed for quashing and setting aside not only of the disagreement memo dated 22.02.2005 of the appellate authority but also that of the disciplinary authority ..... reddy, learned senior counsel for the appellant, was that the punjab national bank officer employees' (discipline and appeal) regulations, 1977 (for short "the regulations") did not require an opportunity of being heard being given to the delinquent officers when the disciplinary authority disagreed with the findings of the enquiring authority ..... cannot act under the dictation of the central vigilance commission or ..... misra to be responsible for the shortage in question and held that a minor penalty of proportionate recovery ought to be imposed on the respondent for the loss of rs. .....

Shreyaskar Tripathi Vs. State of U.P. and ors.

Court : Allahabad

..... secondary education services commission and selection board act, 1992 is not applicable to unaided institution and thus the principles settled by the supreme court in om prakash rana (supra) and full bench of this court in ajay kumar (supra) are not applicable to the present case.27. ..... swarup singh tomar (supra) the full bench observed in para 14 that the secondary education service commission act contemplates the appointment of teacher on the recommendations of the commission in relation to a specified college and after the teacher joins the college, he becomes the employee of that college. ..... we are required to consider, whether the opinion expressed by learned single judge that the writ petition by teacher of the recognised but unaided educational institution for issuing writ of certiorari to quash the transfer order, and a writ of mandamus to issue necessary consequential directions is maintainable against private society, and if it is held to be maintainable, whether the provisions of section 16 (c) (2) of the u.p. ..... secondary education services commission and selection board act, 1982, providing for manner of appointment of teachers, it is permissible for management to fill up the post by transferring a teacher from one institution to another. ..... the minority view of justice b.d. ..... deputy director of education 1983 uplbec 34 and committee of management, national inter college vs. .....