Court : Allahabad
Reported in : AIR2002All370
..... has held as under at page 1017 :--'17. ........... .............. ...............the only point urged before the division bench was on the basis of a provision in the university act as to eligibility and qualification of candidates for admission to medical colleges. there is however, no substance in the contention raised in this behalf, for the ..... 1983; k.v. swaminathan v. e.v. padmanabhan, 1996 (5) jt 205 : (air 1996 sc 3344); state of haryana v. chandvir and 1985 (3) scc 398 : (air 1985 sc 1416); union of india v. tulsi ram patel.23. section 28(5) as extracted above provides that admission to medical and engineering colleges shall, subject ..... in other universities if left for open competition the delhi students cannot be made martyrs of the constitution.50. even so, 'reservation' must be administered in moderation, if it is to be constitutional. some central technical institutions like the all india institute of medical sciences, delhi and chandigarh and the pondicherry medical college .....
Tag this Judgment!Court : Allahabad
Reported in : (1977)ILLJ309All
..... would be ab initio void wholly or to the extent of the contravention as the case may be.16. again in b. shama rao v. the union tgrritory of pondicherry : [1967]2scr650 , it was stated that a law which has become totally void is non-existent and non-established. in similar strain was it observed in mahendra ..... unconstitutional is void at all times and that its invalidly must be recognised and acknowledged for all purposes and is no law and a nullity, this is neither universally nor absolutely true, and there are many exceptions to it. a realistic approach has been eroding the doctrine of absolute nullty in all oases and for all purposes ..... of gujarat v. shri ambika mills. : [1974]3scr760 , held:in jagannath v. authorised officer, land reforms, : [1972]1scr1055 , this court said that a post-constitution act which has been struck down for violating the fundamental rights conferred under part iii and was. therefore, stillborn, has still an existence without re-enactment, for being put in the .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC1486
..... of tamil nadu had no power to authorise or refuse any person in respect of establishment of medical college under the provisions of section 5 of the medical universities act.17. the next submission of the learned counsel for the petitioner is that under section 9, the state government has permitted medical institutions imparting instructions in ayurvedic ..... the whole field. the contention of shri sanghi that there is no repugnancy between the proviso to section 5 (5) of the medical university act and section 10a of the indian medical council act because both can be complied with, cannot, therefore, be accepted. what has to be seen is whether in enacting section 10a of the ..... may fall in the examination and the period of 5 years fixed is arbitrary. this question is hypothetical. the writ petition is pending since the year, 1985. the act came into force in the year, 1982. the petitioners have not shown that any of their students could not be promoted to higher classes in their institutions .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All674
..... the president.25. sri a.p. dube, who appears for certain of the appcts. has urged that as article 395 repealed the govt. of india act, 1985, the legislatures established under that act thereupon ceased to have power to exercise any legislative functions. the answer to this argument is however to be found in article 382(1) of the constitution ..... by authority of law, sri p.r. das's contention was that the word 'law' in this clause does not mean positive or state-made law, but the immutable & universal principles of natural justice. he conceded however that the decision of the s. c. in a.k. gopalan v. state of madras : 1950crilj1383 at p. 88 was against him ..... legislature & they have always been more generously treated than the bigger ones. he has refd. us to the provisions of the land revenue act, the u. p. agriculturists' relief act, the debt redemption act, & similar other acts, & has urged that it is a well-known basis that a man who is less able to bear the loss should be more generously .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC719; (2004)2UPLBEC1593
..... of the committee of management between two rival managing bodies. 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 ..... other than a secondary, primary or infant school or pathshala) maintained by or admitted to the privileges of the university .'10. under section 4a of the banaras hindu university act, 1915, the university has power to hold examinations and to grant diplomas and certificates, and confer degrees and, other academic distinctions to ..... fit : provided that new collegeor institution started after thecommencement of the banarashindu university(amendment) act, 1966, shallbe admitted to any suchprivilege of the university.'12. section 17 of banaras hindu university act, 1915, provides that subject to the provisions of this act, the statutes may provide for all or any of the matters enumerated .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2298
..... did succeed to a certain extent till the letters dated 15th april, (2005 and 3rd june, 2005 were sent by the chancellor.42. it is, therefore, clear that the rohilkhand university acted in clear defiance of the directions issued by the state government and the chancellor with total indifference to the interest and welfare of the candidates. it has played havoc with ..... faculties of arts, humanities, fine-arts, music, social sciences, commerce and sciences) regulations 1985, and once these regulations had been framed and entry 66 of list 1 deals with co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions, the universities were bound to implement and no law could be framed which was contrary .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC992
..... council.139. the apex court in st. xavier's case (supra) had occasion to consider section 33a(1)(b) of gujarat university act, 1949 as amended by gujarat university amendment act, 1972. the said provision provided for constitution of selection committee for recruitment of principal and members of the teaching staff. section 33a( ..... before the apex court in several cases. in : [1971]1scr734 state of kerala v. very rev. mother provincial. section 48 of the kerala university act, 1969 came for consideration. sections 48 and 49 deal with governing body for private colleges and managing council for private colleges under corporate management. the ..... ap gram panchayat case to validate the rates), krishna chandra : air1975sc1389 (definition of luxury tax changed to validate the act), misri lal jain (1997) 3 scr 714 (validation by obtaining presidential consent), hindustan gum (1985) supp. 2 scr 630 (validation of octroi), utkal contractors : [1988]1scr314 (change of basis to apply to government .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All287
..... representation was rejected.3. upon the rejection of his representation dr. s. p. mathur made a representaion to the chancellor under section 68 of the state universities act. the prayer made in the representation to the chancellor was for the following reliefs :(i) to revise the constitution of the board of studies in economics as ..... . he has filed the present writ petition challenging the order passed by the chancellor of bundelkhand university dt. 29-11-84 allowing the representation filed by dr. section p. mathur, respondent 2, under section 68 of the state universities act. under the impugned order the appointment of sri r. p. srivastava as a member and ..... board of studies. dr. s. p. mathur, respondent no. 2, who is a lecturer in economics in bundelkhand college, jhansi, another affiliated college of bundelkhand university, thought that he should be appointed the convener instead of sri r. p. srivastava. he made a representation to the vice-chancellor against the appointment of sri r .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All256
..... committee of the academic council (hereinafter called the standing committee) had no power or authority to punish the students of the university. i think this contention of the learned counsel has force. the banaras hindu university act was passed in 1915 and was substantially amended in 1922, 1930 and 1951. reference need only be made to -some of ..... 1951, had admittedly not framed any ordinance delegating any such power on the standing committee. it would thus appear that as far as the banaras hindu university act, as amended in 1951, is concerned, there is no power in the standing committee to take any disciplinary action against the students of the ..... the amendments introduced by the amending act of 1951 (act no. lv of 1951). before this amendment, the governor general of india was to .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC387
..... recommended by the academic council and approval by the executive council of banaras hindu university and since the said ordinances have been framed by the university in exercise of powers vested in the university under section 18 of the banaras hindu university act, 1915, the information bulletin has the statutory force. sri aditya narain, learned ..... as. no opportunity of hearing was afforded to the petitioner, and, secondly, even if the petitioner was admitted on account of mistake of the respondent-university, it is now estopped from cancelling the admission and preventing the petitioner from pursuing her m.ed. course. sri upadhyaya repelled both these submissions and ..... of the present writ petition, the petitioner was intimated by letter dated 15.5.1998 that her representation has been rejected by the visitor of the university. necessary amendment was sought to challenge the validity of the order rejecting the representation and now in the amended petition, the petitioner has claimed two .....
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