Court : Allahabad
Reported in : 2006(1)AWC608
..... , therefore, not necessarily to be recorded in its decision.24. so far as the powers of visitor are concerned, section 13(6) of the aligarh muslim university act confers a discretionary powers upon the visitor to interfere with the decision of the executive council and specific grounds as have been mentioned in the section itself. further ..... may, 1989.8. so far as the order of visitor is concerned, it is pointed out that in view of section 13(6) of the aligarh muslim university act, 1920, the visitor has been conferred a discretion to interfere with the decision of the executive council. this power is not akin to a right of appeal. ..... of the executive council referred to above, the petitioner made a detailed representation before the visitor of the university under section 36 of the aligarh muslim university act read with statutes 36-a & b of the statutes of the aligarh muslim university act. the visitor, his excellency the president of india, vide order dated 24th april, 1996 rejected the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1243; (2000)2UPLBEC1113
..... character being an ordinance framed by the council in exercise of power under section 10 read with sections 18(1) fa) and (3) of the banaras hindu university act. 1915 and statute 18 (xii) of the statutes.8. we are also of the view that the reservation of seats as provided in clause 16 of the ..... steps towards equalisation are not ideal incantation but in actuality, no mere ideal but real life. but can a university, acting within the constitutional parameters creates a new kind of discrimination viz., reservation for students of a particular university? the literal terms of article 14 do not tolerate it, the text of article 15 does not sanction it ..... was that the admission of the petitioner-respondent to m.ed, course had been cancelled. the petitioner-respondent thereupon, made a representation to the visitor of the university (the president of india, new delhi) unfolding therein ail the relevant facts and simultaneously, she also instituted writ petition no. 36997 of 1997 attended with the .....
Tag this Judgment!Court : Allahabad
Reported in : 2001LabIC3121; (2001)2UPLBEC1210
..... inquiry against the petitioner.the petitioner has also challenged the jurisdiction of the vice-chancellor to pass the impugned order under section 19(3) of the aligarh muslim university act, 1920 which provides that the vice-chancellor may. if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred ..... that the vice-chancellor had no jurisdiction to pass order of dismissal in exercise of power under sub-seccion (3) of section 19 of the aligarh muslim university act and secondly, that there was no fair inquiry and it was against the principles of natural justice.8. the violation of principles of natural justice in conducting the ..... the vice-chancellor relying on sub-section (3) of section 19 of the aligarh muslim university act. it was held that the vice-chancellor could pass such an order in regard to termination of service. in moazziz all beg v. aligarh muslim university, aligarh and others, 1988 awc 58, the division bench of this court held that .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)2UPLBEC1191
..... lucknow, was given retrospective effect from may 18, 1985, the date on which reference regarding his selection and appointment was made under section 31(8)(c) of the uttar pradesh state university of act, 1973 (for short act of 1973) and also to seniority list dated june 9, 1994 issued by the university determining the inter-se seniority of the reader/lecturers ..... need to take the mater again to that council.43. thus, we conclude that the challenge to the order dated september 7,1987, by which the university gave retrospective effect from may 18,1985 to the direct appointment dated february 4, 1987 of dr. v.g. goswami, on the post of reader in commercial law, cannot be accepted, for ..... 1984, so, they would rank senior to dr. goswami, even if he is permitted to count his length of service from may 18, 1985. he has referred to dr. ashok kumar v. chancellor, lucknow university and ors., 1995 awc 832, in support of his argument that personal promotion under section 31-a, can be or should be given .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC321; (2001)1UPLBEC93
..... of the said order before him. the chancellor vide order dated 5.8.1999 had rejected the representation made by the petitioner under section 68 of the u. p. state universities act, 1973. the orders dated 11.1.1988 and 5.8.1999 are under challenge in the present petition.4. i have heard sri sunil ambwani, assisted by sri s ..... dismissal from service consequent upon a conviction is not a disqualification within the meaning of section 12 of the said act, as has been held by the hon'ble supreme court in shanker das v. union of india and another, air 1985 sc 772, swarn singh v. state bank of india and another, 1986 (suppl) scc 566 and union of ..... replied that the information was incorrect. till december, 1987, nothing happened against the petitioner. a criminal case no. 189 of 1985 proceeded against the petitioner in which he was released under section 4 of the probation of offenders act, 1958, by the munsif magistrate, pauri garhwal vide order dated 20.3.1986, on furnishing a bond of rs. 1, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All310; (1996)2UPLBEC1295
..... could be granted under article 226 of the constitution of india. the learned counsel has further submitted that those ordinances have been framed under section 32 (1) of allahabad university act, 1921. they are in force since their inception and their legality has never been questioned. learned counsel has relied on the provisions contained in sections 13 (4), 51 ..... the ordinances framed by the executive council to regulate the activities of the students union are wholly without authority as they could not be framed either under the act or the allahabad university act, 1921. we have seriously considered this aspect of the matter but, in our opinion, it is difficult to accept that the activities of the union are ..... judicial committee it is not clear as towhat were the illegalities committed which impelled them to take a decision for recounting. theorder only says: ^^vkt fnuka 27&2&1985 dksmik/;{k in ds izr;k'kh mriy jk; }kjk dqyifr ds vkns'kkuqlkj u;kf;d lfefr ds le{k,d vkifrri= nkf[ky fd;k x; .....
Tag this Judgment!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 : (1998)1UPLBEC96
..... -in-aid list of the government w.e.f. 1.3.1984. the said degree college is governed by the provisions of u.p. state universities act, 1973 (hereinafter referred to as 'the act') and the statutes made thereunder. the affairs of the committee of management of the degree college were managed by smt. rani tandon, daughter-in-law ..... to this that smt. shakuntala purwar is claiming herself to be the duly appointed routine clerk right from 1977 and is claiming her salary for the period 1.10.1985 onwards, which claim is backed by the orders of the state government and the statutory educational authorities, while according to the college and its managing committee, smt. ..... the financial year 1974-75; or (b) who was appointed to a post with the permission of the director of education (higher education). by notification dated 12.3.1985, the joint director in the directorate of higher education, u.p., allahabad and the regional officers of the higher education have been authorised to perform all, or, any .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC560; (1999)1UPLBEC681
..... making the said appointments. by his order dated february 22. 1986, the chancellor appointed a one-man committee under section 76 of the nagpur university act, 1976 (hereinafter referred to as the 'act') to inquire into the matter. the committee submitted its report on september 24. 1986 which was accepted by the chancellor. in the meanwhile, ..... to keep apart 17 posts and made permanent appointments only to 30 out of 47 candidates by its appointment orders, issued on march 30, 1985 for the academic year 1985-86. as regards 17 posts which were kept apart for reserved candidates, it decided to fill in the same by temporary appointments for those ..... of posts, viz., professors, readers and lecturers. this advertisement was corrected by corrigendum of february 1, 1985. thereafter a further employment notice for additional posts in all the three categories was issued on august 1, 1985 but we are not concerned with the same. different selection committee in all 53 in number were constituted .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)2UPLBEC1217
..... the affected candidates who had filed representations and whose name figures in the representation submitted under section 68 of u.p. state universities act, 1973 i.e. ganga dhar deo and km. savitri singh. the petitioner was selected on 2.12.1985 by selection committee which was approved by the executive council in its meeting dated 16.12 ..... so in our considered view that the chancellor did not sit as a court of appeal. he certainly has a power under section 68 of u.p. state universities act to correct the invalid and incorrect decision. it has been further stated by learned counsel for the petitioner that by amendment made in statute in 1980 relevant subject ..... are also of the considered view that the chancellor was right in deciding the representation under section 68 of the u.p. state universities act directing the university to readvertise the post and make the selection. the sampurnanand sanskrit vishvavidyalaya, varanasi is involved in teaching heritage of india and it is supposed to .....
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