Court : Mumbai Nagpur
..... secretary of the higher and technical education department or any officer not below the rank of principal secretary to government nominated by the state government, (iii) the director or head of an institute or organization of national repute, such as, indian institute of technology, indian institute of management, indian institute of science, indian space research organization or national research laboratory, nominated by the management council and academic council, jointly, in the manner specified by the state government by an order published in the official gazette; (b) the member nominated ..... ; (d) has been physically unfit and incapable of discharging functions due to protracted illness or physical disability; (d-1) has wilfully omitted or refused to carry out the provisions of this act or has committed breach of any of the terms and conditions of the service contract or any other conditions, prescribed by the state government under sub-section (3) of section 11 or has abused the powers vested in him or if the continuance of the vice-chancellor in the office is detrimental to the interests of the university. ..... sharma reported in air 1961 supreme court 1523:- it is true that the act does not define who would be a suitable person but we do not think that a definition was required. ..... director, higher secondary education and others reported in (2007) 8 supreme court cases 533 has held that the suitable/suitability means that a person to be appointed must be legally eligible. .....
Tag this Judgment!Court : Mumbai Nagpur
..... vaishnav institute of technology and management), to submit that the hon'ble apex court has found such de-recognition to be ..... recommended is, as per recommendation of the enquiry committee, permanent de-recognition of petitioner institution, as per section 38 of the 1998 act read with rule 5 of the 2006 rules. ..... the scheme therein shows that as per its sub-section [1], final decision in this respect needs to be taken by the executive council, if the institution has failed to observe any of the conditions of recommendation or if the institution has been conducted in a manner which is prejudicial to the interest of ..... we direct the respondent no.1 university to initiate and hold appropriate enquiry into the matter in accordance with the provisions of section 38 of the 1998 act, and thereafter to decide whether the petitioners are at fault or not and if answer to this is yes, proceed to decide whether the recognition of petitioners should be or should not be permanently ..... vaishnav institute of technology and management), is the judgment of hon'ble apex court which finds de-recognition or withdrawal of recognition a ..... also been invited to similar instances in other region, namely aurangabad region to show that where the institute was given only three marks, it has been derecognized only for one year. ..... a judgment of hon'ble apex court reported at (2012) 5 scc 139 (national council for teacher education and another .vrs. ..... not recording at this stage any definite finding in this respect. 23 .....
Tag this Judgment!Court : Mumbai Nagpur
..... 3 - nagpur municipal corporation vide notice dated 26.10.2010 under section 37 of maharashtra recognition of trade practices act, 1966, (hereinafter referred to as 1966 act) by seeking deletion of reservation for primary school and secondary school and to add the land thereof to playground ..... hon'ble apex court while exercising its jurisdiction of judicial review realized that a very large section of the society because of extreme poverty, ignorance, discrimination and illiteracy had been denied justice for time immemorial and in fact they have ..... vide affidavit dated 10.08.2011 and declaration that proposal for minor modification of development plan initiated under section 37 of 1966 act is dropped, has not been questioned in any way though thereafter cao no. ..... -standi was diluted and the traditional meaning of 'aggrieved person' was broadened to provide access to justice to a very large section of the society which was otherwise not getting any benefit from the judicial system. ..... that in this situation, merely because another person is not elected as chairman under section 16(1)(d) of nit act, that by itself is not sufficient to vitiate the resolution dated 07.01.2011. 17. ..... all these issues definitely are issues in larger ..... it cannot be presumed that other institutions having cbse affiliation and running schools in the country would not have been interested in opening a school in the city, had they known that land as required by cbse with such facilities ..... reported at (2007) 14 scc 517 .....
Tag this Judgment!Court : Mumbai Nagpur
..... to continually offer opportunities of upgrading knowledge, training and skills in the context of innovations, research and discovery in all fields of human endeavor by developing higher educational network with use of modern communication media and technologies appropriate for a learning society; (10) to promote national integration and preserve cultural heritage; (11) to develop work culture and promote dignity of labour through applied components in the syllabi; (12) to build up financial self-sufficiency by undertaking academic and allied programmes and ..... 31} the petitioner was served with the notice for withdrawal of approval as a lecturer because a criminal case no.372 of 2002 for offences punishable under sections 420, 468, 471, 120b and 409 of the indian penal code was instituted before the court of competent jurisdiction and by a judgment delivered on 10th january 2007, the petitioner was convicted with a punishment of imprisonment for twelve and half years and fine of rs.50,000/-. ..... 40} the various definitions are set out in section 2 of the maharashtra universities act, 1994. ..... mr.gordey also submits that the definition of the term teacher appearing in section 2(34) of the m.u.act would demonstrate that the approved teacher is entitled to certain privileges and benefits and which have been availed of by a teacher like petitioner. .....
Tag this Judgment!Court : Mumbai Nagpur
..... to continually offer opportunities of upgrading knowledge, training and skills in the context of innovations, research and discovery in all fields of human endeavor by developing higher educational network with use of modern communication media and technologies appropriate for a learning society; (10) to promote national integration and preserve cultural heritage; (11) to develop work culture and promote dignity of labour through applied components in the syllabi; (12) to build up financial self-sufficiency by undertaking academic and allied programmes and ..... 31} the petitioner was served with the notice for withdrawal of approval as a lecturer because a criminal case no.372 of 2002 for offences punishable under sections 420, 468, 471, 120b and 409 of the indian penal code was instituted before the court of competent jurisdiction and by a judgment delivered on 10th january 2007, the petitioner was convicted with a punishment of imprisonment for twelve and half years and fine of rs.50,000/-. ..... 40} the various definitions are set out in section 2 of the maharashtra universities act, 1994. ..... mr.gordey also submits that the definition of the term teacher appearing in section 2(34) of the m.u.act would demonstrate that the approved teacher is entitled to certain privileges and benefits and which have been availed of by a teacher like petitioner. .....
Tag this Judgment!Court : Mumbai Nagpur
..... on the contrary, it is submitted by the learned additional government pleader as also shri sambre, the learned counsel for respondent no.4 that the act of 1977 which has been held applicable to the polytechnic institution would be for the limited purpose of the availability of the remedy under section 9 of the act before the school tribunal. ..... education note :candidates from industry with first class bachelors degree in appropriate branch of engineering/technology, and with industrial experience which is equivalent in masters degree, with total 15 years of experience of which at least 5 years would be at level comparable with head of department, will also be eligible.15 years experience in teaching out of which at least 5 ..... it is contended that thus the petitioner cannot lay his claim to the post of principal with effect from 9.7.2007, even as per the recruitment rules vide notification dated 9.9.2013 issued by the higher and technical education department. ..... clause 9 recruitment,provides that 50% recruitment to all cadre posts shall be strictly based on merit by open selection through open advertisement at national level and 50% will be by promotion on the basis of seniority cum merit. ..... reliance is also placed on clause 9 of the said notification to show that recruitment to 50% cadre posts has to be strictly based on merit by open selection through open advertisement at national level and 50% by promotion on the basis of seniority cum merit. .....
Tag this Judgment!Court : Mumbai Nagpur
..... earlier the excellence of the institution is largely dependent on the excellence of the teachers and it is no answer to the demand of the teachers for higher salaries to say that in view of the high reputation enjoyed by the institution for its excellence, it is unnecessary to seek to apply provisions like section 10 of the delhi school education act to the frank anthony public school ..... this court, in some of the decisions, has taken the view that the width of the rights and limitations thereof of even unaided institutions, whether run by a majority or by a minority, must conform to the maintenance of excellence and with a view to achieve the said goal indisputably, the regulations can be made by ..... of these cases we find that any law intended to regulate the service conditions of employees of aided educational institutions equally applies to minority aided or unaided institutions also, provided that such law does not interfere with the overall administrative control of the management over the ..... not consider the impact of minority nature, it definitely declares that receipt of grants has no relevance in so far as application of meps act/rules or pay structure prescribed thereunder. ..... (1) of article 30 is not absolute but subject to reasonable restrictions which, inter alia, may be framed having regard to the public interest and national interest of the country. ..... court observes in cochin university of science and technology v. ..... state of bihar), (2007) 11 scc 756-(ghaziabad zila sahkari .....
Tag this Judgment!Court : Mumbai Nagpur
..... learned senior counsel submits that the reasons given in the impugned order overlook the fact that earlier approval was granted by recognizing petitioner institute as 'other institute' falling under section 35[1][ii] of the act, and reasons recorded in the impugned order are therefore, unsustainable. ..... 402/92/2006-alc pointed out that for approval under section 35(1)(ii) of a university, college or other institution, sum paid to it has to be used for scientific research and research in social science or research, which research should be carried out through its ..... as a charitable and research institute under section 80g income tax act and donors are entitled to ..... court has found that it is not necessary that all educational activities referred to in the trust deed should be performed or established and benefit of section 10[22] can be availed, if some educational activities have been carried on and the same have been laid on a permanent footing. ..... impugned order dated 23.12.2013 is perused, it shows plea of petitioner that it is recognized by department of science and technology as scientific and industrial organization or that it never claimed to be an educational institute with students with it as educational recognition by different organization. ..... doctors but, encouraged them to attend various national, international conferences, which are mostly funded ..... definitely qualifies as an other institution ..... sought its renewal on 14.12.2007, and respondent no.1 raised ..... in year 2004, 2007 and 2012. .....
Tag this Judgment!Court : Mumbai Nagpur
..... said rules and form m-20, it is every member of committee of management or every director of the primary agricultural co-operative credit society, who shall be the office bearer within the meaning of clause (ii) of section 73ea of the said act irrespective of the fact that the bye-laws of such society vest the management of society in a shorter body consisting of president, vice-president, chairman, vice-chairman, secretary, treasurer or any other officer, but ..... referring to the definition of the committee under section 2(7) read with section 73 of the said act, the submission is that the record must disclose the consultation by the registrar ..... of india has also agreed to provide 100% financial assistance for computerisation, human resource development technology upgradation reforms in accounting systems and development of management information system of co-operative credit structure entitles ..... after coming into force of this amendment, an inspection was made by the national bank for agriculture and rural development (nabard) between 18-11-2009 and 7-12-2009 for the position ..... according to them, the provisions of section 73ea of the said act were introduced with effect from 29-10-2007, the date of polling was 11-1-2007, the respondent no.4 was elected as the director on 4-1-2007, he resigned from the post of the director of the said society on 30-9-2009, and on 31-3-2010 all ..... persons who are involved in the decision making process and every day management of the institution. .....
Tag this Judgment!Court : Mumbai Nagpur
..... training; and skills in the context of innovations, research and discovery in all fields of human endeavour by developing educational network related to health sciences with use of modern communication media and technologies appropriate for a learning society; (j) to strive to promote competitive merit and excellence as the sole guiding criterion in all academic and other matters relating to students ; (k) to impart ..... (d) to promote freedom, secularism, equality and social justice as enshrined in the constitution of india and to be catalyst in socioeconomic transformation by promoting basic attitudes and values of essence to national development; (e) to extend the benefits of knowledge and skills for development of individuals and society by associating the university closely with local and regional problems of development ; (f) to carry out ..... section 53 of the muhs act provides for mechanism of the grievance committee consisting of the chairperson, four members and the registrar acting as member-secretary (without the right to vote), in the university to deal with the grievances of the teachers and other employees in the university, college, educational institute affiliated ..... act is required to be performed by a definite statutory body alone, or by a definite body coupled with an indefinite body and follow up by the management council in the instant case was required to be based upon the decision by the grievance committee; a majority of the voting members of the definite ..... 2007 .....
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