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Vidyavardaka Sangha, Bangalore and Another Vs. State of Karnataka

Court : Karnataka

Reported in : AIR2001Kant329; ILR2001KAR2506; 2001(4)KarLJ444

..... and provided further that the above fees shall be collected by the management in addition to the special development fees and term fees stipulated in the karnataka educational institutions (classification, regulation and prescription and curricula) rules, 1995. ..... - (1)notwithstanding anything contained in any rules made in this behalf and in lieu of tuition fee charged under rule 10(2)(b)(ii) of the karnataka education institutions (classification, regulation, prescription of curricula etc. ..... in this behalf, the first set of rules thus framed is described as karnataka educational institutions (classification, regulation and prescription of curricula, etc. .....

Vidyavardhaka Sangha Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2003(5)KarLJ493

..... in exercise of the powers under section 145, state government has framed rules called as karnataka educational institutions (classification, regulation and prescription of curricula, etc. ..... the state of karnataka purporting to exercise its power under section 145 of the karnataka education act, 1983, has framed what is known as the karnataka educational institutions (classification, regulation and prescription of curricula, etc. ..... since in all these writ petitions the challenge is made to the karnataka educational institutions (classification, regulation and prescription of curricula, etc. .....

Vidyavardhaka Sangha, by Its Honorary Secretary Vs. State of Karnataka ...

Court : Karnataka

Reported in : ILR2003KAR4043

..... the state of karnataka purporting to exercise its power under section 145 of the karnataka education act, 1983, has framed what is known as the karnataka education institutions (classifications, regulation & prescription of curricula etc) rules, 1995 and enforce these rules in respect of kindergartens, play homes, and nurseries run by the petitioners' institutions. ..... since in all these writ petitions the challenge is made to the karnataka educational institutions (classifications, regulation and prescription of curricula, etc. .....

Vidyavardhaka Sangha by Its Honorary Secretary Vs. State of Karnataka ...

Court : Karnataka

Reported in : ILR2005KAR4907; 2006(3)KarLJ554

..... under these circumstances, permission to establish an educational institution, we must take the view, obliges such an institution to reserve certain percentage of seats in the institution, in the light of the prescription to be made by the state.10. ..... in the writ petition the appellant had called in question the constitutional validity of rules 12,14 and 15 of the karnataka educational institutions (classifications, regulation and prescription of curricula etc. .....

Veerappa Mallappa Hadli and anr. Vs. Nagappa Fakirappa Hadli and ors.

Court : Karnataka

Reported in : AIR1965Kant292; AIR1965Mys292; ILR1965KAR194; (1965)1MysLJ375

..... upon another passage from 'gale on easements' (13th edition by michael bowles, page 220):'where the right to light is claimed under the prescription act, 1832, the enjoyment must have been had to and for a building, in which there must be some aperture. ..... where is has been laid down that section 3 of the prescription act, 1832 applies to windows or apertures in the nature of windows or apertures in the nature of windows and not to door-way openings which were primarily constructed for the purpose of being closed and thus excluding light and that there could be no prescriptive right to light passing through an ordinary doorway when it is ..... section 28(c) lays down that'the extent of a prescriptive right to the passage of light or air to a certain window, door or other opening is that quantity of light or air which has been accustomed to enter that opening during the whole of the prescriptive period irrespectively of the purposes for which it has ..... elementary principle in physics that the light always travels in straight line, and unless the party claiming easementary right to light and air establishes that he had received light in that manner for the prescriptive period his right based on easement cannot be upheld. ..... 'so according to the indian law the prescriptive right to light and air can be acquired even ..... proposition excluding the doorway from the category of apertures for acquisition of easementary rights to light and air is deduced from the provisions of prescription act of 1832. .....

General Secretary, Linguistic Minorities Protection Committee and anr. ...

Court : Karnataka

Reported in : AIR1989Kant226; ILR1989KAR457

..... freedom of choice at best could be a preferred liberty and it is the prerogative of the state to prescribe the first language and to make it compulsory since such a compulsive prescription is an integral part of the power to stipulate the syllabus in the exercise of the state's power in laying down an educational policy for which i do not find any ..... the question for our consideration is whether such prescription is violative of, arts.14, 29 and 30 of the constitution and a breach of obligation cast upon the state ..... it is impossible to accept the contention that the prescription of the first language and making it compulsory is intervened with the medium ..... i do not think that prescription of the first language is not a power which the state can exercise and that it amounts to interference in the administration of the ..... it is only in the matter of prescription of the first language, as approved by the legislature, primacy is accorded to the official language of the state ..... now coming to the prescription of kannada as the sole first language, it is common ground that having regard to the syllabus and-the hours allotted for tuition and the standard of text book under the prescribed scheme of secondary education, study ..... the compulsory prescription of kannada as the first language in respect of high schools established by linguistic minorities is also violative of the fundamental right guaranteed to linguistic minorities to conserve and develop their language and script and to establish .....

Madala Venkata Akshay and Others Vs. COMDEK UGET, rep. by its Secretar ...

Court : Karnataka

..... therefore, when admission to professional colleges is to be made purely on merit and if any marks secured in english is not taken into consideration to decide the merit, the prescription of 50% marks as a condition precedent in english for assigning a rank is arbitrary and therefore, it is liable to be struck down. 10. ..... the instant case, the students have no say in the matter in so far as the prescription of 50% marks in english for general merit candidates and 40% marks for others. ..... as students who are admitted to the colleges under the government quota, in the examination conducted by the government, there is no prescription that they must obtain 50% or 40% marks in english language as the case may be. ..... the eligibility criteria stipulated by the respondents is in consonance with the prescription and requirement of minimum standards in providing for admission process. 6 ..... many of them do not have any such prescription of securing 50% or 40% marks in english ..... as we have said that prescription offends article 14 and the equality clause is infringed which is a fundamental right, there cannot be any estoppel against a constitutional right guaranteed to the citizen of this ..... , only the stream of the students who are admitted through the comedk examination are required to comply with prescription of 50% or 40% marks in english language, whereas the other students are not required to comply with the said prescription. ..... this prescription is in accordance with the law declared by the apex .....

P.P. Chaami Vs. State of Karnataka Represented by Its Principal Secret ...

Court : Karnataka

Reported in : ILR2008KAR2832; 2009(2)KarLJ335; 2008(4)KCCR2703; 2008(4)AIRKarR354; AIR2008NOC2558

..... 1 shall unerringly fix the number of councilors strictly in accordance with the prescription contained in section 11(i)(a) of the said act, whenever the next elections to the madikeri c.m.c. ..... even when the petitioner has taken part in the elections he cannot be estopped from challenging the notification which is issued in violation of the statutory prescription contained in section 11(i)(a) of the said act. ..... as per the afore extracted legislative prescription, the number of councilors for madikeri city municipal council ['madikeri c.m.c. ..... the legislative prescription is such that it cannot be wished away as directory.21. ..... the executive action is not in keeping with the legislative prescription. ..... the fixation has to be strictly as per the legislative prescription. .....

Telecom Employees Co-operative Housing Society Ltd. Vs. Scheduled Cast ...

Court : Karnataka

Reported in : ILR1990KAR3320

..... thus, we conclude that when power is made available conditional upon prescription, the phrase 'subject to' in the context meaning only conditional upon, the exercise of power in the absence of such prescription is illegal.in this connection we may also note section 37 which says that subject to such limitations and conditions as it may impose and to the provisions of the act the government may transfer to and vest ..... but we will consider from a larger point of view whether, when there is no prescription the bda can transfer the properties as it likes, in which event, whether the individual action of transfer could be examined on merits or it could be determined whether it is ..... where the rules in a particular case require the prescription of form, failing such prescription it could not be said that the demand for tax ..... will be, if these are taken to be the prescriptions they alone shall prevail with regard to any transfer. ..... erode : air1968mad274 where again 'subject, to prescription of rules' came up for consideration, in the absence of such prescription it was held the power was unavailable. ..... which under the madras entertainments tax act, 1939, the question arose whether undersection 78 the power given in terms of that section could be exercised only within the time prescribed and if no such prescription was made whether the power could be exercisable? ..... fortiori it cannot be contended that in the absence of prescription of such restrictions or conditions the power is unavailable. .....

Krishnendu Halder S/O Sushanta Halder Vs. Visvesvaraya Technological U ...

Court : Karnataka

Reported in : 2008(4)KCCRSN248

..... in the qualifying examination, the additional test made applicable is the common entrance test by the stale government ff we proceed to take the standard fixed by the aicte to be the common entrance test then the prescription made by the state government of having obtained certain marks higher than the minimum in the qualifying examination in order to be eligible to participate in the common entrance test is in addition to the common entrance test ..... questions that arise for consideration in this case is, are:(i) whether the prescription of minimum qualifying marks by the aicte in the entry level examinations for engineering/technology stipulating a pass in 10+2 examination with physics and mathematics as compulsory subjects alongwith one of the following subjects-chemistry/biotechnology/computer science/biology prevails over the prescription made by the respondent-university or for that matter by the state ..... a competitive examination or if they want to make admissions based on the qualifying examination, they are at liberty to prescribe a minimum qualification higher than what is prescribed by the medical council of india, this prescription of minimum qualification applies to cases where students seek admission through the state agency.14. ..... the apex court in the aforementioned case, it becomes clear that even though the norms for admission fixed by the aicte is only a pass in the entry level exam, in view of the prescription of 49% minimum marks in the qualifying examination, i.e. .....