Court : Patna
..... of the search committee other than the chairman have to be either a director or head of an institute or organization of national repute, such as indian institute of technology, indian institute of science, indian space research organization, national law university or national research laboratory or vice chancellor of a statutory university nominated by the chancellor as a member. ..... that the petitioner is challenging the aforesaid issue by way of the aforesaid writ petition only because he is interested in appointment of vice chancellors and pro vice chancellors as per the provisions as enshrined in section 10 and 12 of the amended act and also wants that no dispute should come in future after the appointment is made so that the education may not suffer in the universities on the ground of absence/ non-recruitment of vice chancellors/ ..... (supra) as with regard to bringing more transparency and objectivity in the appointment on the post of vice chancellor the aforesaid provision of section 10(1) of the act had been amended and was substituted in the following terms: (1)(i) persons of the highest level of competence, integrity, morals and institutional commitment are to be appointed as vice-chancellor. ..... as noted above, he does not claim to have qualification for such post of vice chancellor as prescribed under section 10(1) of the act and in fact his statement in paragraph no.24 of the writ application will leave nothing for speculation that he is also not qualified for the post .....
Tag this Judgment!Court : Patna
..... reported in 2001(4) pljr 426, in the case of national institute of technology and ors. v. ..... in this connection, he has further relied on section 108 of the evidence act and the division bench judgment of this court in the case of rajiv kumar v. ..... invoking the presumption under section 108 of the indian evidence act, 1872 petitioners served a legal notice dated 6.10.2004/ representations dated 14.7.2005 and 2.8.2005 stating, inter alia, that as their father has not been heard for more than seven years they be presumed to be dead ..... annexure-12 to the supplementary affidavit dated 9.7.2007, whereunder state government had taken a decision to treat government servants traceless for more than seven years to be dead with further direction to the authorities to consider the case of their dependents for appointment on compassionate ground. ..... niraj kumar singh reported in 2007 air scw 1169 and in the case of union bank of india and ors. v. m.t. .....
Tag this Judgment!Court : Patna
..... on 1242 of 2002, reported in (2003) 1 pat ljr 555, in the following words to highlight factual unfortunate real but painful societal environment in a state of bihar qua education :in a state where matter relating to recognition and affiliation of educational institutions has virtually become rampant so as to take the form of racketeering in education, the high court has to guard itself in the matter relating to granting reliefs particularly reliefs seeking declaration of result of an examination without looking into the ..... was cancelled by the order, dated 16-12-1999, and therefore, the original petitioner appellant college is guilty of suppression of material facts and misleading the court in obtaining the process of the court, and (5) that the appellant-institution had not applied for recognition in terms of section 14 of the national council for teacher education act, 1993 (act no. ..... a few material facts relevant and useful for the purpose of consideration and adjudication of the merits of the letters patent appeal may be highlighted, at this juncture: (1) that the appellant-institution is running a college, which was not granted recognition and thereafter temporary recognition was given till the writ petition was filed and the order was obtained, though, it was started in 1985. ..... he must keep himself apprised of latest trends and developments in the art, science, technology and society and, also, change the conditions and new directions of winds of growth and progress. .....
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..... , the government have cancelled the final seniority list dated 175.1993 of the professors of three government engineering colleges, namely, muzaffarpur institute of technology, muzaffarpur (in short 'm.i.t. ..... '), bihar institute of technology, sindri ..... on the recommendation of the bihar state university board and after due approval by the state government, the chancellor of the universities in the state of bihar, in the exercise of power under section 5(2) of the bihar inter university board, act, 1981 framed statute for time-bound promotion of lecturers to the posts of readers and promotion of readers to the posts of university professors and the said statute was circulated by letter dated 24.12.1986 ..... counsel for the petitioners submitted that after 30.9.1975, appointments to all the teaching posts in engineering colleges, institutes could only be made by direct recruitment on the basis of all-india competition as per the norms and guide lines prescribed by the a.i.c.t.e, that part after enactment of all india council of technical education act, 1987, the statutory powers to ensure proper planning and co-ordinate development of the technical education system throughout ..... the appointment of fourth pay commission for revision of pay scales of the central government employees, and keeping in view of need to attract and retain the best talents, in the country as teachers in institution of technical education, national expert committee was set up under the chairmanship of prof. r.n. .....
Tag this Judgment!Court : Patna
..... the affiliation even in respect of the national institute of management training and education was granted without the prior approval of the state government as required under section 21(2)(d) of the bihar state universities act and therefore, has no legal value.8. ..... the national institute of management training and education is a corporate entity being a society registered under the societies registration act and the institute of business management, bela is not part thereof, secondly, there is apparent conflict between the approval granted by the aicte which is in favour of the institute of business management, bela and the one granted by the university in favour of the national institute of management training and education, darbhanga. ..... after it transpired that pursuant to the enactment of bihar state engineering and pharmacy educational institutions (regulation and control) act, 1982, as amended in 1984, the affiliation of technical institutes including management teaching institutes came under the jurisdiction of the science and technology department, in the light of the amended provisions, the education department withdrew the approval vide it memo no. ..... the definite case of the petitioners is that the institute of business management, bela has been founded by the national institute of management training and education, darbhanga, a registered society, and this part of the petitioners case is not disputed by the university. .....
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..... certain persons holding the post of graduate laboratory assistants in muzaffarpur institute of technology at muzaffarpur (hereinafter called the m.i.t. ..... different (c) with effect from 1.1.1986, the aicte norms applicable in technical institutions has been approved by the state government and under which the staffing pattern, service conditions and salary were to be in accordance with the provisions of the aicte act and not the ugc scales (d) there was no post of demonstrator under the aicte act but only of laboratory assistants on which the petitioners had been appointed after ..... proceeded by the all india council for technical education set up in 1945 by a government resolution as a national expert body to advise the central and the state government for ensuring coordinating development of technical education in accordance ..... this court does not upheld the objection of the state that after coming into force of the aicte act in december, 1987 (not 1986 as mentioned in the impugned order), the petitioners are no more entitled to the ugc pay scale and shall be entitled to separate fixation of pay scale as laboratory assistants at ..... prescribed by the all india council of technical education (hereinafter called the aicte act) shall apply to government polytechnics and there was no post of demonstrator prescribed therein or recommended pay scale (b) the norms prescribed under the aicte act for technical education with regard to staffing pattern, service conditions, infrastructure required .....
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..... faci-lities for oilseeds products and vegetable oils;(1) assisting, encouraging, promoting, coordinating and financing agricultural, technological, industrial or economic research on oilseeds, their products and vegetable oils in such manner as the board may deem fit by making use of available institutions;(m) undertaking publicity work on the research and development of the oilseeds industry and the vegetable oils industry;(n) ..... by the dealers/ traders and then sale of such sugar to other dealers or consumers so as to make the provision of the markets act inapplicable in respect of sugar'.reference was also made to levy sugar supply (control) order, 1979 framed under section 3 of the essential commodities act and it was observed as follows;- '......the provisions of levy sugar supply (control) order simply empowers'the central government to ..... pay. these are undoubtedly some of the general characteristics, but as there may be various kinds of fees, it is not possible to formulate a definition that would be applicable to all cases.if, as we hold, a fee is regarded as a sort of return or consideration for services rendered, it is absolutely necessary that the levy of fees should on ..... - (i) there shall be levied and collected by way of cess for the purposes of the national oilseeds and vegetable oils development board act, 1983, a duty of excise on vegetable oils produced in any mill in india at such rate not exceeding five rupees per quintal of vegetable oil, as the central .....
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..... , samastipur dated 26.06.2010 is wholly without jurisdiction both in view of his own earlier order dated 12.7.2007 refusing to issue a direction for appointment of the appellant on the post of panchayat shiksha mitra on account of its abolition on the post as also in view of the aforementioned government circular dated 15.1.2009, which can be definitely read as an exercise of statutory power by the state government in terms of rule 19 of ..... was repealed by the 2006 rules framed by the state government in exercise of its power under article 243 (chh) of the constitution of india read with section 47 and 48 and 146 of the bihar panchayat raj act, 2006, nothing would be left for speculation that by the executive instruction relating to panchayat shiksha mitra were repealed as a whole by the statutory rules ..... . a judges: (1)religion, or (2)ethnic (seer technologies v saad abbas (2000) ch d pumfrey j, tlr 16/3/2000) or national (3) origin, (4) gender, class, means or sexual orientation (b) factors which would not ordinarily be relevant: (1) a judges social or educational or service or employment background or history; (2) social or educational or service or employment ..... proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing .....
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..... was rightly submitted on behalf of the respondents that the term "bidder" has been defined in clause-5 as well as clause 19 of the definition clause in the notice inviting rfp and at both the places it is an exclusive definition which does not include any subsidiary company or "affiliate" of the firm offering the bid for solution, services and or materials required in the ..... the impugned decision in annexure-11 that its pre-qualification bid was rejected for the reason mentioned in the following words:-"the committee has received profit loss account of core projects and technologies limited and experience certificate of core education and consulting solutions inc. ..... reliance was also placed upon section 212 of the indian companies act to highlight that the balance sheet of holding company is required to include particulars relating to its subsidiaries including a copy of balance sheet of the subsidiary, a copy of its profit and loss account and ..... clause 17 (b) stipulates that the bidder should be an information technology and communication company and specializing in it learning services with adequate experience of executing similar projects for at ..... notice the submissions of proposals/bids was to be accompanied by earnest money deposit (emd) in form of a demand draft/bank guarantee of rs.1 crore issued by a nationalized bank with validity for a period of six months.5. ..... have had at least 100 employees on roll over each of the last three years (as on december 31, 2009, 2008 & 2007). .....
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