Court : Supreme Court of India
Reported in : AIR1992SC1277; JT1992(2)SC144; 1992LabIC1371; 1992(1)SCALE454; 1992Supp(2)SCC351; [1992]1SCR917
..... the facts of this case require to be noted they can be culled from the headnote as under :-as a result of the osmania university (amendment) act ii of 1966, section l2(1) of the qsmania university act, 1959, was amended to provide for the appointment of the vice chancellor by the chancellor alone; in section 12(2) a provision was introduced whereby he could only be removed from office by an order of the chancellor passed on the ground of misbehaviour or ..... though no doubt, it has been stated, on behalf of the respondent, that similar provisions were incorporated, at about the same time, in two other acts, relating to two other universities viz. ..... for the limited purpose of appreciating the background and the antecedents factual matrix leading to the legislation it is open to the court to look into the statement of 'objects and reasons' of the bill which accentuated the statement to provide a remedy for the then existing malady. ..... in fine it is submitted that where.substantial justice has been done by allowing the first respondent in office until expiry of his term in july, 1992, by exercise of power under article 136 this court will not interfere as laid down in pritam singh v. ..... chapter iii of the said act deals with the state electricity boards, generating companies, state electricity consultative councils and local advisory committees. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1630; JT1991(4)SC548; 1991(2)SCALE1217; (1992)1SCC558; [1991]Supp3SCR121
..... it may also be noted that the delhi university is governed by the delhi university act 1922, the statutes and the ordinances and the rules ..... not admit a single scholar belonging to a community other than that for whose benefit it was a community other than that for whose benefit it was established seeks and gets aid from the state confers article 29(2) will preclude it from denying admission to members of the other communities on grounds only of religion, race, caste, language or any of them and consequently it will cease to be an educational institution of the choice ..... the regional deputy director in that case refused to give sanction for admission of girl students on two grounds; (i) that the school was not open as a mixed school and that the school has been run purely as a boys school for 25 years; and (ii) that there was facility for the education of girls of the locality in a ..... section 6 provides that the university shall be open to all persons of either sex and of whatever race, ..... accept that claim of the institution and rounded off its conclusion :nowhere in the petition or in the affidavit in reply it is asserted by the petitioners that the school was opened, started, founded or brought into existence, and thus established by indian church. ..... of the college was eventually opened on 8th december, 1881, ..... article he will see that once an institution : whether maintained by the community or not, gets a grant, the condition is that it shall keep the school open to all communities. .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(3)BomCR469; (1992)94BOMLR615
..... government orders;(iv) she had a rightful claim on the post she was occupying;(v) the management had not obtained permission for abolition of the post or termination of her services from the university or the directorate of social welfare;(vi) only during the year 1984, did the management issue an order modifying the appointment as one 'until further orders';(vii) she was entitled to ..... the students, it will be open to university to take over the management of ..... confirmation when she completed more than two years' service;(viii) she was singled out, for changing the character of her appointment as one `continuing until further orders;'(ix) the management had not sought or got permission from the university or the directorate of social welfare for abolition of the post of lecturer;(x) government was paying ..... state also should ensure that its aid and assistance is given to the university and the director for enforcing the decisions of the university ..... disappearance of the principal, who agreed to personally argue the matter on 26-3-1992, only heightened our responsibility to scrutinise the contentions and peruse the massive ..... the college tribunal passed on 15-3-1986 in an appeal preferred under section 42(b)(1) of the nagpur university act, 1974 by the second respondent, in writ petition no. ..... or for that matter, anybody either in the academic community or general public, that the state is conniving at the illegitimate activities of the management.14. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR3148
..... in part iv of the constitution?2) have the petitioners the right to challenge the impugned orders appointing administrators and also to test the constitutional validity of the change made to the format of the act?3) is act 1 of 1992 beyond the competence of the state legislature?4) is the amended act with particular reference to section 8(1)(c) thereof so arbitrary and capricious needing to be struck down as violative of article 14 of the constitution.5) are the impugned orders relating to appointments of administrators not ..... the court takes the view that fresh appointments ought to have been made after the amendment, and if on the aforesaid ground the court were to annul the orders already made, it being still open to the deputy commissioners to reiterate those appointments afresh, the success the petitioners would achieve in that event being purely phyrric in character, making of such orders would be futile, and learned counsel ..... was in that connection some what struck by the down-to-earth views of justice john h.ciarke in (hoyt l.warner, the life of mr.justice clarke (cleveland: western reserve university press, 1959, page 69) who it appears said:'i have never known any judges, no difference how austere of manner, who discharged their judicial duties in an atmosphere of ..... therein under chapter viii, dealing with judicial review, controversy and limitations under the attractive caption, 'judicial review in a democratic state, saint or sinner', the learned author had collected views .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)BomCR719
..... rules made thereunder shall be in addition to, and not in derogation of, the companies act, 1956 (1 of 1956), the securities contracts (regulation) act, 1956 (42 of 1956), the securities and exchange board of india act, 1992 (15 of 1992), the recovery of debts due to banks and financial institutions act, 1993 (51 of 1993) or any other law for the time being in force.on going through the text of the two provisions, it is evident that ..... a manner detrimental to the interests of the members of the depositors or the creditors thereof, it is necessary to issue directions to any class of societies generally or to any society or societies in particular, the state government may issue directions to them from time to time, and all societies or the societies concerned, as the case may be, shall be bound to comply with such directions.from the text of the section itself, ..... of corporations, other than those specified in list i and universities; unincorporated trading, literary, scientific, religious and other societies ..... for these reasons, we are of a considered view that now, it is not open for the liquidator/ state authorities to back out from the tender process based on the tender notice in december 2003, more so when now almost all the parties are willing ..... dated 1.8.2006 and the msc bank, by table viii, is indicated to have desired deviation from the said ..... before appointment of the liquidator, then in the absence of any specific provisions to that effect in chapter 10th of the mcs act, i.e. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(4)MPLJ45
..... nehru university and his employment could not be transferred by the jawaharlal nehru university to the manipur university without his consent notwithstanding any statutory provision to that effect whether in the manipur university act or elsewhere ..... corporation were challenged and a full bench of this court repelled the said challenge and held that the said sub-sections (5) and (6) of section 58 of the aforesaid act were within the competence of the state legislature and did not violate the provisions of articles 14 and 16 of the constitution and also did change the contract of employment of the employees of the indore municipal ..... 7 of the said act, the control and management of research and educational institutions of the department of agriculture, the department of animal husbandry and the department of fisheries were to be transferred to the university of mysore as and from such date as the state government by order specify ..... the said new chapter ix-a provided for constitution ..... employees of indore development authority were transferred to other development authorities by the state government by order dated 30-7-1992. ..... (2-b), (2-c), (2-d) and sub-section (6) of section 76-b of the act as amended by act 11 of 1991 are valid and constitutional and accordingly dismiss the writ petition and vacate the interim order dated 17-9-1992. ..... on 17-9-1992, the court while admitting the writ petition, stayed the operation of the order dated 30-7-1992 until further orders in so far as it related to .....
Tag this Judgment!Court : Delhi
Reported in : 137(2007)DLT138
..... nature of the right', the majority in gandhi faiz-e-am college held that in comparison to the provisions involved in the st.xavier's (scc, para 30, p.298) 'the features of the agra university act vis--vis the minority institutions are conspicuously different and leave almost unaffected the total integrity of the administration by the religious group, save in the minimal inclusion of two internal entities, namely the ..... of administration are concerned, in case of an unaided minority educational institution, the regulatory measure of control should be minimal and the conditions of recognition as well as the conditions of affiliation to a university or board have to be complied with, but in the matter of day-to-day management, like the appointment of staff, teaching and non-teaching, and administrative control over them, the management should have ..... mechanism will have to be evolved, and in our opinion, appropriate tribunals could be constituted, and till then, such tribunals could be presided over by a judicial officer of the rank of district judge.the state or other controlling authorities, however, can always prescribe the minimum qualification, experience and other conditions bearing on the merit of an individual for being appointed as a teacher or a principal of any educational institution.regulations ..... outset it requires to be understood that the impugned clause 7(4a) of chapter xviii envisages the vice chancellor nominating two persons on the selection committee ..... miscellaneous .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1996Guj96; (1995)1GLR773
..... the petitioners were issued notices on 1st october, 1992 as per annexure b by the university stating that 'achhar committee' thereinafter referred to as 'the committee') constituted by the university was to convene on 9th october, 1992 and the petitioners may appear before the committee to show cause against the irregularities and malpractices which were alleged against them. ..... 3 and 4 also the; committee on fresh consideration on 6th march, 1993 reiterated its earlier stand as reflected in their recommendation dated 9th october, 1992 wherein it was stated that on comparison of the answer-books of these two candidates it appeared that in the suspected sums figures were different, the style of writing was different and there was no basis for the suspicion against these ..... thus, when the syndicate could have exercised its powers under ordinance 157 of the said statutory ordi-nance and altered the results even beyond two months it could not be said that the university was estopped from altering the results because it was once declared and the petitioners were allowed to join terms of t. y. ..... therefore, the university can, in view of these facts, treat the chapter as closed. ..... such argument is not open on the basis of article 14. ..... the act of copying is usually done clandestinely and there cannot be direct evidence but there can be intrinsic evidence in the manner the answers are written which could be clearly a pointer to the conclusion that copying was done by .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)3UPLBEC2172
..... ..by inserting section 31(a) in the university act with effect from 10-10-1984 a distinct source of recruitment by way of merit promotion for lecturers and readers in university was created by state legislature.........that section was brought into force from 10-10-1984.....a division bench took the view that appellant was entitled to be treated as senior to the promotee professor as section 31 (a) was not on ..... state universities act which in turn is closest to section 49 of the madhya pradesh act ..... nominee of the visitor and the persons specified in the corresponding entry in column (2) of the said table :provided that where the appointment of a teacher is to be made in a college or the university polytechnic/** women's polytechnic, the principal of that college or the university polytechnic/ **women's polytechnic, as the case may be shall be also ex-officio member of the selection committee constituted for such appointment:-table--------------------------------------------------------------------------------(1) (2)--------------------------------------------------------------------------------professor *(i)(ii)(iii)(iv)reader/lecturer (i)(ii)(iii)(iv)**registrar/controller ofexams. ..... subjects other than those assigned to the departments of studies as in chapter i shall be assigned as follows:6(a)'..........'(b) '..........'(c) '............'(i) '........(ii) '........... ..... wajid khan was directly recruited admittedly on 10-3-1992 when his probation period begin and was confirmed ..... '(viii .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(4)AWC2756
..... act, 1939 (4 of 1939) or under the corresponding law, if any, in force in any state and pending immediately before the commencement of this act shall be disposed of in accordance with the provisions of section 100 of this act ;(f) the permits issued under sub-section (1a) of section 68f of the motor vehicles act, 1939 (4 of 1939), or under the corresponding provisions, if any, in force in any state immediately before the commencement of this act shall continue to remain in force until the approved scheme under chapter vi of this act ..... only such objections as were actually filed within 30 days from the date of publication of the draft scheme and as were legally maintainable within the meaning of section 68d (1) of the repealed act but this does not mean that the hearing authority was not required to address itself to the question as to whether it was necessary to modify the proposed scheme and if so to what extent. ..... 30 days from the date of its publication in the official gazette, file objection to the draft scheme before the state government* but since the period of limitation of filing objection against draft scheme dated 13.2.1986 had already expired on the date of commencement of the new act, only those objections were entertainable which were filed within 30 days from the date of publication of the draft scheme and ..... scheme dated 13.2.1986 as it stands modified by order dated 3.11.2001 is open to challenge at the behest of private operators who were not 'existing ..... 1992 ..... 1992 .....
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