Court : Mumbai
Reported in : 1994(2)BomCR641
..... maharashtra educational institutions (prohibition of capitation fee) act, 1987, karnataka educational institutions (prohibition of capitation fee) act, 1984 and similar such legislations passed by the other states were for consideration. ..... broadly they are in respect of running of private un-aided/aided/recognised/affiliated educational institutions conducting professional courses such as medical and engineering. ..... the first contention raised by the learned advocate appearing for the petitioners is that the impugned regulations do not come within the ambit of section 36(2)(c) of the act as only general conditions regarding governing admission of regular and private candidates for the final examination and the conditions regarding attendance and character, on the fulfillment of which a candidate shall have a right to be admitted to and to appear at such examination, can be prescribed. ..... in addition, the board has pointed out that when the difficulties faced by the students were brought to the notice of the board, it has issued a circular dated 12-9-1992 making it compulsory for the schools/colleges to send the forms of their past students. ..... in the said case apex court considered the definition of word `education' contained in section 2(15) of the income tax act, 1961. ..... similarly in the absence of any other definite scientific instrument to measure merit, examination is the alternative, albeit may not be very sure. ..... there is a definite rational behind it.44. .....
Tag this Judgment!Court : Karnataka
Reported in : [1997]89CompCas390(Kar)
..... that being the position, imparting of education and establishing of an educational institution cannot be taken to be a commercial activity or a trade as per the definition given under clause(s) of section 2 of the monopolies and restrictive trade practices act, 1969, nor can the practice of carrying on or running of an institution be taken to be a trade practice within the meaning of clause(u) of section 2 of the act. ..... that apart education being a distinct field and the establishment of educational institutions and administration and management thereof, being controlled by educational laws such as the education act, the karnataka prohibition of capitation fee act or the like can be said to be subject to the control under those acts and breach of any of the conditions or charging of fees than the fee ceiling prescribed can be dealt with under the special act dealing with educational institutions and not under the monopolies and restrictive trade practices act, 1969, in view of the provisions of article 254 of the constitution, particularly when the state acts referred to in this order have been assented to by the president ..... in such a situation, it is obligatory in the interests of general public upon the authority granting recognition, affiliation, to insist upon such conditions as are appropriate to ensure not only education of requisite standard, but also fair and equal treatment in the matter of admission of students. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR473
..... the problem posed by these institutions becoming endemic, the state legislature had to intervene to enact what is known as the 'karnataka prohibition of admission of students to the unrecognized and un-affiliated educational institutions act, 1992', (hereinafter referred to as the act). ..... section 3 of the act, prohibits the admission of the students to unrecognized and un-affiliated educational institutions, whereas section 4 forbids the educational institutions from admitting students in excess of the intake fixed by the university or the state government or the board of school education, as the case may be. ..... section 4 reads thus:-'prohibition of admission of students in excess of in-take - (1) no educational institution shall admit students in excess of intake fixed by the university or the state government, board or any other authority in respect of such institution made in excess of such intake shall be invalid. ..... a plain reading of the section makes it abundantly clear that while sub-section (1) to section 4, contains a prohibition against admission of students to an unrecognised institution or admission of students in excess of the intake capacity of a recognised institution, sub-section (2) clearly forbids the appearance of any such student to any board, university or other examination. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR860; 1996(3)KarLJ272
..... 5 of the karnataka prohibition of admission of students to the unrecognised and unaffiliated educational institutions act, 1992 (karnataka act 7/93) (in short, 'the state act') as substituted by the karnataka ordinance no. ..... srinivasa reddy, learned government advocate has tried to defend the impugned order of the government by justifying the grant of affiliation to a1 ameen educational institutions; but, in my opinionthe explanation does not appear to be very plausible. ..... according to him, the policy decision taken by the government with regard to non-grant of permission to start new teachers education institutions as approved by the division bench in the case of all ameen educational society v. ..... the scheme of the central act clearly envisages that after coming into force the chapter iv of the act, no examining body can either grant affiliation or hold examinations of the teacher's training conducted by an institution even if duly recognised under the state laws unless the institution/s concerned has obtained recognition from the regional committee under s. ..... section 2(a) of the act defines 'appointed day' to mean the date of establishment of the national council for teacher education under sub-sec. ..... section 14 and s. ..... (1) of section 3. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR2188; 1995(6)KarLJ37
..... the state legislature with an avowed object of eradicating various malpractices which had crept in the matter of admission to professional colleges and to regulate the right of admission of students to such colleges so far enjoyed by the management enacted the karnataka educational institutions (prohibition of capitation fee) act, 1984 (karnataka act no. ..... as i have noticed and quoted above various passages from the judgment, and as i could gather from its entire tenor, to my reading, the supreme court had desired, and it should be taken as mandatory on the part of the appropriate governments or recognising and affiliating authorities to see to it, that the scheme formulated by the supreme court is effectively carried out either by giving it a statutory shape or making it a condition of affiliation. ..... accordingly the state government in prompt compliance to the said directions, by invoking its powers under section 14(1) of the educational institutions act framed new rules called 'the karnataka selection of candidates for admission to engineering, medical, dental, pharmacy and nursing courses rules, 1993' ('the selection rules', for short). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594
..... the 1983 act was amended in the year 1992 by inserting section 3-a, which section reads as follows:notwithstanding anything contained in section 3, but subject to such rules as may be ma in this behalf and the andhra pradesh educational institutions (regulation of admission order 1974, it shall be lawful for the management of any un-aided private engineering college, medical college, dental college and such other class of un-aided education institutions as may be notified by the government in this behalf to admit students into such colleges or educational institutions to the extent of the half of the total number of seats from among those who have qualified in the common ..... the expression 'professional colleges' in this scheme includes:(i) medical colleges, dental colleges and other institutions and colleges imparting nursing, pharmacy and other courses allied to medicine, established and/or run by private education institutions,(ii) colleges of engineering and colleges and institutions imparting technical education including electronics, computer sciences, established and/or run by private education institutions, and(iii) such other colleges to which this scheme is made applicable by the government, recognising and/or affiliating authority.227. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR462; 1998(3)BomCR308
..... the apex court considered the fact that as far as the state of maharashtra was concerned, the state legislature had enacted maharashtra educational institutions (prohibition of capitation fees) act, 1987 (maharashtra act vi of 1988) to prohibit collection of capitation fees for admissions of the students to and their promotion to higher standard or class in the educational institutions in the state of maharashtra and to provide for matters connected therewith.11. ..... it was held that even the private colleges and aided institutions have to abide by all the rules and regulations as may be framed by the government or by recognising/affiliating authorities in the matter of admission of students, recruitment of teachers and staff, their conditions of service, syllabus, standard of teaching and so on. ..... state of karnataka : air1996sc2652 , the apex court expressed its distress at the failure on the part of the government, affiliating universities, statutory professional bodies like the university grants commission, indian medical council and all india council for technical education, to fix the fees which was not the function of the court. ..... it is the function of the government, the affiliating universities and the statutory professional bodies like, university grants commission, indian medical council and all india council for technical education. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD459; 2003(1)ALT421
..... colleges, dental colleges and other institutions and colleges imparting nursing, pharmacy and other courses allied to medicine, established and/or run by private educational institutions,(ii) and (iii) xxxthe expression 'appropriate authority' means the government, university or other authority as is competent to grant permission to establish or to grant recognition to a professional college.the expression 'competent authority' in this scheme means the government/university or other authority, as may be designated by the government/university or by law, as is competent to allot students for admission to various professional colleges in the given suite.x ..... section 7 of the act deals with the fee regulation, which reads as follows:'section 7 : regulation of fees :-(1) it shall be competent for the government by notification, to regulate the tuition fee or any other fee that may be levied and collected by any educational institution in respect of each class of students ..... the scheme evolved herewith is in the nature of guidelines which the appropriate government and recognising and affiliating authorities shall impose and implement in addition to such other conditions and stipulations as they may think appropriate as conditions for grant of permission, grant to recognition or grant of affiliation, as the ..... and above the tuition fee as prescribed under above gos is in violation of provisions of the andhra pradesh institutions (regulation of admission and prohibition of capitation fee) act .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(2)ALT610
..... 1982:section 2 definitions:-section 2 (11): 'college' means a college established or maintained and administered by, or affiliated to or associated with or recognised by, any university in the state and includes a junior college recognised by or affiliated to the andhra pradesh board of intermediate education.section 2 (12): 'competent authority' means any person, officer or authority authorised by the government by notification to perform the functions of the competent authority under this act for such area or for such purposes as may be specified in the notification.section 2 (16): 'education' means general education, technical education, physical education, teacher education, special education, oriental education, adult education (including non-formal) and any other branch of education which the ..... to the various enactments made by the parliament, such as the university grants commission act, 1956,the indian medical council act, 1956, all india council for technical education act, 1987, the indian medical council (amendment) ordinance, 1992 and the relevant legislations made by the states of andhra pradesh, karnataka, maharashtra and tamil nadu on the subject of education in general and prohibition of charging of capitation fee in educational institutions, in particular it was observed that the intention of the parliament was to promote and co-ordinate university education by determining and maintaining standards of teaching education and research in the universities .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2162
..... (2) provision of section 5 of karnataka prohibition of admission of students to the unrecognised and unaffiliated educational institution act, 1993 being repayment to provision of act has to be held as void and cannot be resorted to by the state government for permitting the students of recognised or unrecognised institutions to sit at the examinations conducted by the examining bodies except on fulfilment of requirements under sections 14 and 16 of central act of 1993, air 1997 kant 44 (48). ..... be the principal executive and academic officer of the university and shall--(a) exercise general supervision and control over the affairs of the university including the constituent colleges and the institutes maintained by the university and its affiliated and associated colleges ;(b) given effect to the decisions of the authorities of the university;(c) in the absence of the chancellor, preside at meetings of the court and at any convocation of the university ;(d) be responsible for the maintenance of discipline in the university;(e) be responsible for holding and conducting the university examinations properly and at due times and for ensuring that the results of such examinations are published expeditiously and that the academic session of the ..... the learned counsel appearing on behalf of the parties have submitted that this court may, with a view to avoid any future controversy, fix a definite percentage for the said purpose. .....
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