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Chandra Bhushan Jha and anr. Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(2)JCR721(Jhr)]

..... consideration. suffice it to say, as the law now stands, the position appears to be clear that the age of superannuation prescribed by section 67 of the bihar universities act would govern the appellants. in our view the learned single judge applied the correct principles of law to the claim raised by the appellants and has come to the ..... in refusing to enhance the age of superannuation to 62 years from the current 60 years. the appellants could not dispute that under section 67 of the bihar state universities act, adopted in the state of jharkhand, the age of superannuation of teachers like the appellants was 60 years. their contention is that since under entry 66 list i ..... directions of the ugc but had specifically recommended that the age of superannuation be retained as 60 years as now obtaining under section 67 of the bihar state universities act. it was further submitted by the state that a mandamus cannot be issued to the legislature to amend the law and so long as section 67 of the .....

Gopal Naroune and ors. Vs. State of Bihar (Now Jharkhand) and ors.

Court : Jharkhand

Reported in : [2009(2)JCR443(Jhr)]

..... were made against posts as per the staffing pattern within the sanctioned strength and it was in that background held as not violative of section 35 of the university act. in the instant case the appointment made to the posts were beyond the sanctioned strength.13. it will be evident on reading the aforesaid provision of ..... were void, ab-initio, illegal and could not be sustained for the sole reason that events otherwise it was beyond the sanctioned strength. section 35 of the universities act requires prior sanction of the state government for creation of posts and appointments and it applies to all affiliated colleges.9. i have considered the arguments and the ..... under:(i) that the applicants were holding the posts which were not legally sanctioned;(ii) the appointment was in violation of section 35 of the bihar state university act. 1976;(iii) the governing body had neither any authority nor jurisdiction to appoint the petitioner etc.this order dated 25.6.1994 is sought to be challenged .....

Sidhu Kanhu University and anr. Vs. Prof. Raghu Nath Ray and ors.

Court : Jharkhand

Reported in : [2004(1)JCR613(Jhr)]

..... effect.' 9. the apex court thereafter held that the appellants having ceased to be professors consequent upon the enforcement of section 58(10) of the bihar universities act, the question of approval of provisional promotion did not arise. therefore, decision of approval of provisional promotion purported to have been subsequently made by the college ..... taking into consideration the last pay drawn by them, without giving effect to the provisions of section 58(10) of the bihar state universities act, 1976 (hereinafter referred to as 'the act')2. admittedly all the writ petitioners, who are respondents 1 to 8 in this appeal were working as reader in different colleges of ..... promotion in the post in respect of which approval of commission was necessary, sub-section (10) was added to section 58 of the act by the bihar state universities (amendment) act, 1993. this sub-section made it abundantly clear that 'promotion given on temporary basis shall not be valid for a period exceeding six .....

State of Maharashtra and anr. Vs. R.S. Bhonde and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3740; 2005(5)ALLMR(SC)1001; 2005(6)BomCR826; [2005(106)FLR1212]; JT2005(7)SC400; (2005)IIILLJ517SC; 2005(4)MhLj1190; (2005)6SCC751; 2005(2)LC1231(SC)

..... permanent subject to the approval of the state government. stand taken by the university was with reference to section 50(b) of the punjabrao krishi university (krishi vidyapeeth) act, 1968 (in short the 'university act'). six writ petitions were filed by the university questioning correctness of the judgment rendered by the industrial court. a learned single ..... i.e. the day on which section 50(b) of the university act was repealed by maharashtra agricultural universities (krishi vidyapeeth) act, 1983 in (short the '1983 act'). according to the high court there was no provision similar to section 50(b) of the act in 1983 act and, therefore, the question of any approval much less prior, ..... benefits which a permanent workman is entitled and this amounted to unfair labour practice under item 6 of schedule iv of the act. prayer was made to restrain the university and the college from continuing with the unfair labour practice complained of and to make the complainants permanent in the post they .....

illachi Devi (D) by Lrs. and ors. Vs. JaIn Society, Protection of Orph ...

Court : Supreme Court of India

Reported in : AIR2003SC3397; 97(2004)CLT284(SC); 2003(4)CTC98; 107(2003)DLT137(SC); JT2003(Suppl1)SC428; 2003(8)SCALE190; (2003)8SCC413

..... note. the court proceeded on the premise that as benaras hindu university would fall within the definition of 'person' as contained in the general clauses act a letter of administration can be granted in its favour holding:'there can be no doubt that the benaras hindu university is, therefore, a corporation. it is a collection of individuals ..... united into one body under a special denomination, having perpetual succession under an artificial form, and vested by the policy of the law with the capacity of acting in several respects as an individual. in law ..... enter into obligations, can sue and be sued, and has the rights and obligations conferred on it by statute. it cannot be said, therefore, that the hindu university is merely an association of individuals. an association in the united states is a body of persons organized, for the prosecution of some purpose, without a charter, .....

Tata Chemicals Ltd. and ors. Vs. Kailash C. Adhvaryu

Court : Gujarat

Reported in : AIR1964Guj265; [1964(9)FLR394]; (1964)0GLR649; (1965)ILLJ54Guj

..... the respondent. the appellant there upon appointed professor m. n. saha, the celebrated scientist, as an arbitrator under the provisions of section 45 of the delhi university act and required the respondent to appoint another arbitrator. there were several disputes which the appellant wanted to be adjudicated upon by arbitration and one of the disputes was ..... before the supreme court. it was urged on behalf of the appellant before the supreme court that the declaration that the appellant continued in service under the university in spite of his dismissal by the latter was a declaration which the law permitted to be made and was, therefore, not erroneous. reliance was placed ..... the dismissal of the appellant was 'ultra vires, mala fide and had no effect on his status' and that he still continued to be a professor of the university of delhi. this award was challenged on behalf of the respondent. the challenge was, however, negatived by the sub judge, delhi, whereupon two appeals were preferred .....

Thakorlal Pranlal Desai Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1994)1GLR481

..... for superannuation on the ground that the government colleges, in which they are working are affiliated to the gujarat university, and as per the conditions of service prescribed by the authority under the gujarat university act, 1949, hereinafter referred to as 'the act', governing the gujarat university, the age of superannuation of teachers in the affiliated colleges would be 60 years. for this purpose, the ..... the subject. obviously, it would not bind the affiliated colleges.3. we are not in the field of finding out as to whether the executive' council of the gujarat university could act besides through ordinances. we have already noticed that the executive council could also make resolutions and those resolutions could prescribe conditions of service for the staff of the affiliated colleges .....

Vinayaka Mission's Sankarachariar Dental College, represented by Its r ...

Court : Chennai

Reported in : (2001)3MLJ707

..... the matter of acceptance of the discipline of vhse obtained by the first respondent entitling her admission into b.d.s course by the appellant university. it reads thus:dental council of india(constituted under the dentists act, 1948)aiwan-e, galib marg, kotla road,new delhi-110 002.no. de-34-2000/902 speed post 29th may, 2000tomarry neena ..... first respondent/writ petitioner can be construed as a regulation under section 20 of the dentists act. if it is to be construed as a regulation under section 20 of the dentists act, then the writ appellant has to succeed, as the 3rd respondent/university is bound by this. otherwise not.9. a reading of all the provisions of the ..... dentists act, as also understanding the scope and scheme there of, shows that the dental council is not .....

Mr.Rohidas Ganpat Godse Vs. the Principal G.B.Khare College and ors.

Court : Mumbai

..... college tribunal dated 27.3.2001. by the impugned order, the tribunal has dismissed the appeal preferred by the petitioner under section 59 of the maharashtra universities act, 1994. 2. on 10.12.1998, respondent nos.1 and 2 i.e. the management of the college advertised the post of lecturer in accountancy. the petitioner ..... of ms agarwal that the petitioner's services were not temporary in nature but that he in fact had been appointed on probation. the statutes of the mumbai university prescribed the manner in which selections are to be made for appointment of teachers. the petitioner's appointment was made after he was selected by a duly constituted selection ..... their thesis for the ph.d. degree by 31.12.1993 were exempted from appearing for the net/set examination. it appears that thereafter in 2002, the mumbai university i.e. respondent no.4 herein issued a circular prescribing qualifications for appointment to the post of lecturer. this circular mentions that a decision had been taken on .....

Delhi Abhibhavak Mahasangh and ors. Vs. Govt. of Nct of Delhi and ors.

Court : Delhi

..... an unaided minority educational institution, the regulatory measure of control should be minimal and the conditions of recognition as well as conditions of affiliation to an university or board have to be complied with,.......... regulations can be framed governing service conditions for teaching and other staff for whom aid is provided by the ..... the important ingredients relating to the functioning of an educational institution. there can be no doubt that in seeking affiliation or recognition, the board or the university or the affiliating or recognizing authority can lay down conditions consistent with the requirement to ensure the excellence of education. it can, for instance, indicate ..... not unreasonable. inspection of the schools by the directorate was inadequate. the doe made only 10 visits in 25 schools during 2006-09 against 75, envisaged in the act. the department did not fulfil its obligation to get the accounts of the unaided recognized schools duly audited, though provided in the .....