Court : Gujarat
Reported in : (2001)4GLR3518
..... no application to the facts of the case, hence detailed discussions of case is not required.14. the next case relied upon by shri pathak viz. gujarat agricultural university v/s. rathod labhu bechar & ors., reported in air 2001 sc 706 is also distinguishable firstly because it arose out of a reference made by the government ..... 1 adopting unfair labour practice is concerned it has to be decided by the concerned industrial tribunal/labour court through the instrumentality provided under the industrial disputes act and not in exercise of jurisdiction under article 226 of the constitution of india. no direction can be given by this court in the nature of mandamus ..... who can approach the conciliation officer of the state government and then the labour court or industrial tribunal, as the case may be, under the industrial disputes act. he has also raised preliminary objection that the reliefs claimed in this petition cannot be granted hence the petition cannot be admitted. he has relied upon several .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj1; (2001)2GLR1521
..... system of medicines, gujarat state. 12. in the context of prayer (c) it merely requires to be noted that the gujarat ayurved university act, 1965 establishes 'the gujarat ayurved university'. section 2, sub-section (4) defines 'ayurvedic system of medicine' which includes the nisargopachar system. section 27 deals with affiliation, recognition ..... and approval of colleges applying for affiliation to the university (for the broader purpose of conducting the necessary courses to impart instruction in nisargcpachar) and all questions incidental to the recognition of such institutes and ..... under any law for the time-being in force. 5. in this context, it is relevant to consider section 2 of the gujarat medical practitioners' act, 1963, which reads as under : 'the expression 'to practice any system of medicine' with all its grammatical variations and cognate expression means to .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3462
..... of government of india, was under consideration of government and the government having considered the issue carefully decided that the pay scales of teaches in universities and non government and government affiliated colleges and those of librarians and physical education personnel should be revised with effect from 1.1.1986. the ..... the considered opinion that the petitioners or other similarly situated teachers holding the post of professor are not at all comparable with the professors in the university departments appointed under the merit promotion scheme formulated by the ugc in the year 1983. the appointments of these petitioners as professors in the respective ..... an appointment under merit promotion scheme of ugc. the professors working in the affiliated colleges, therefore, cannot claim parity with the professors working in the university departments who are entitled to claim ugc pay-scale. even, if it is assumed in favour of the petitioners that they hold similar qualification, but .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2714
..... petition nor an issue which was seriously addressed on either side. however, in view of the observations made by the hon'ble supreme court in maharishi dayanand university v. m.l.r. saraswati college of education, 2000 (7) scc 746 and with due respect to the reasoning behindthe directions given by the division bench ..... education and for granting recognition to such institutions subject to such conditions as may be determined by the regulations made under the n.c.t.e. act. no examining body is allowed to grant affiliation to any institution or hold examinations for a course or training conducted by a recognised institution unless the ..... development of teacher education and for determination and maintenance of norms and standards for teacher education. the necessary functions assigned to it, under section 142 of the act, include laying down of norms for specific category of courses or trainings in teacher education including those for the minimum eligibility criteria for admission as also for .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3637
..... law, and therefore, requires to be set aside. it is further held that the exercise of power under sub-section (4) of section 35 of the bhavnagar university act, in making the impugned order is not based on considerations which are genuine, relevant and germane to the exercise of power, and that for these reasons, the application ..... was void as has been rightly held by the high court. 'it is further observed in paragraph 30 as under:30. a comparison of the central act and the university act will show that as far as the institutions imparting technical education are concerned, there is a conflict between and overlapping of the functions of the council and ..... order, the impugned order does not reveal any inquiry worth the name as envisaged in the provisions of sub-section (4) of section 35 of the university act. the impugned order dwells upon and the learned government pleader has heavily relied upon the deficiencies in the infrastructure as revealed in the local inspection report forwarded by .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3048
..... authorities of the state and their alleged inter se collusion cannot now be urged as a ground to nullify the effect of repeal of the ulc act of 1976.86. on behalf of the university, it was argued that as the land owners had committed breaches of the conditions on which the land was allowed to be retained by them for ..... learned sr. counsel shri dhanuka made strenuous effort to answer to each of the contentions advanced by sr. counsel shri j.r.nanavati for the bhavnagar university on the basis of various provisions of ulc act and the decisions of supreme court and the high courts relied upon by him to reinforce his submissions.76. we do not however consider it necessary ..... into force in the state of gujarat on 30-3-1999.74. it is on the above stated additional facts and the legal provisions of ulc act, it is argued on behalf of the university, that the facts and events show a deep-rooted conspiracy and collusion between the land owners and the authorities of the state government to deprive the .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2441
..... a report only. 30. now, so far as the question about natural justice is concerned, mr. vakharia has relied upon the decisions in busudeo tiwary v. sido kanhu university and ors., 1998 (8) scc 194, and state bank of patiala and ors. v.s.k. sharma, air 1996 sc 1669. in air 1996 sc 1669 ..... incident causing financial loss to the state and permanent damage to the environment was required to be examined by the lokayukta. 5. provisions of the lokayukta act : an act to make provision for appointment of lokayukta for the investigation of allegations against public functionaries in the state of gujarat and also for safeguarding the dignity ..... of advocate, pleader, etc :-ordinarily, no advocate, pleader, muktyar or other legal representative shall be allowed to appear before the lokayukta in the investigations under this act : provided that the lokayukta may in specific cases allow the parties to appear through any such person if the lokayukta is satisfied that such appearance is necessary in .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR392
..... agricultural lands though they would be artificial or juridical or legal persons.sec.88b of the tenancy act provides for exemption to local authorities, universities and trusts. according to mr.a.j.patel there is an inherent indication in the tenancy act itself that an artificial or legal or juridical person would be entitled to acquire land. in ..... includes a joint family. reference has also been made to s.3(1) of the ceiling act providing for exemption of lands. sec.3(1)(b) refers to the land belonging to or held on lease by a local authority or university or an institution in the state of gujarat. there may be some institutions which are not entitled ..... to the bodies as a part of the local self government as also co-operative societies, universities and like institutions.8. in this context, learned advocate general had placed strong reliance on the statement of objects and reasons of the bombay tenancy act, 1939 as published at page 295 of the bombay government gazette, dated july 23, 1948 .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)4GLR890
..... also common seal and it has distinct legal entity to sue or to sued in the name of the university. consequently for all the purposes it is a statutory corporation created under the university act. the officers of the university are enumerated under section 9 of the university act. section 10 provides that the governor of the state of gujarat shall be the chancellor of the ..... pointed out by the learned counsel for the appellant in support of his contention and also the provisionsof the gujarat agricultural university act, 1969 (for short 'university act'). as against this the contention of shri desai, learned counsel for the respondent has been that no interference in the judgment and decree of the trial court is required. his .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2000Guj114; (2000)2GLR1272
..... , and in some cases a distinction has been made between the two words - 'eligibility' connoting the minimum criteria for selection that may be laid down by the university act or any central statute, while 'qualifications' connoting the additional norms laid down by the colleges or by the state. in every case the minimum standards as laid down ..... not subject to judicial review. my aforesaid view is fortified by the judgment of hon'ble apex court in case of stateof u.p. v. u.p. university colleges pensioner's association, air 1994 sc pg 2311.28. it is also the settled proposition of law that right of state to change its policy from time ..... regulating matters connected therewith. the central council is vested with the powers u/s 20 of the central act. as prescribed, the following criteria for admission in the homeopathydegree course is required for granting recognised medical qualification by universities. the minimum qualification for the b h m s degree course of 5-1/2 years education has .....
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