Court : Delhi
Reported in : AIR1993Delhi289; 49(1993)DLT610; 1993(25)DRJ413; ILR1993Delhi9
..... (8) on being asked as to how clause viii (a) of the bulletin of information has been changed for admission to mbbs degree courses in 1992 the respondents 415 relied upon clause 11-g(4) of the statute framed under delhi university act, 1922 (for short, the act) which reads as under:- 'lf, in the opinion of the vice chancellor, any emergency has arisen which requires that immediate action should be taken, the vice chancellor shall take such action as he deems necessary and ..... that the change in the ordinance to effect the policy of admission can be made as provided in that section and it is only under sec.31 of the act, which provides inter-alia:- 'ordinance show made:- (1) the ordinances of the university as in force immediately before the commencement of the delhi university (amendment) act, 1952, may be amended, repealed or added to at any time by the executive council: provided that- (i) no ordinance shall be made affecting conditions of residence or discipline of students, except after consultation with the academic ..... ' (6) the petitioner has further stated that up to the session 1991, the relative condition permitted shifting of the selected candidates from one institution to another institution and the relevant clause viii of the bulletin of information for the session 1991 reads as under:- 'allotment of colleges to the selected candidates will be made by the medical courses admission committee in order of merit-cum-choice of institution preferred by the candidates in their .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3456; JT1997(7)SC551; 1997(5)SCALE616; (1997)7SCC198; [1997]Supp3SCR571; 1997(2)LC571(SC)
..... it may however be noticed that as per the requirement of the relevant provision of the bihar state universities act, 1976 namely, section 56 read with the statutes, the post had to be filled by and upon recommendation of the bihar public services commission. ..... 's services as lecturer in home science could be directed to be regularised on the basis of the letters of the chancellor dated 18.9.1990 and 22.6.1991 and whether the chancellor's directions could be brought within the provisions of the bihar state universities act 1976 or other statutes of the patna university?15. ..... is also placed for the respondent on sub-clauses 7(ii) of section 9 of the bihar universities act, 1976. ..... 74 - removal of difficulties by the chancellor at the commencement of this act: if any difficulty arises in respect of establishment of the university, or in the first implementation of the provisions of this act or statutes or otherwise the chancellor may, cut any time, before the constitution of all the authorities of the universities, by order consistent with the provision of this act and statutes, as far as possible, made any appointment or perform any other function, which seems necessary or proper for him for the removal of the said difficulty; ..... division bench of the high court allowed the writ petition by judgment dated 24.4.1992 and directed regularisation as per the orders of the chancellor. ..... 1981, patna women's college opened the department of home science. ..... are unable to see how section 74 can help. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3403; 1999(6)ALT1(SC); JT1999(6)SC339; 1999(5)SCALE210; (1999)6SCC589; 1999(2)LC1318(SC)
..... it may however be noticed that as per the requirement of the relevant provision of the bihar state universities act, 1976 namely, section 56 read with the statutes, the post had to be filled by and upon recommendation of the bihar public services commission. ..... 's services as lecturer in home science could be directed to be regularised on the basis of the letters of the chancellor dated 18.9.1990 and 22.6.1991 and whether the chancellor's directions could be brought within the provisions of the bihar state universities act 1976 or other statutes of the patna university?15. ..... is also placed for the respondent on sub-clauses 7(ii) of section 9 of the bihar universities act, 1976. ..... 74 - removal of difficulties by the chancellor at the commencement of this act: if any difficulty arises in respect of establishment of the university, or in the first implementation of the provisions of this act or statutes or otherwise the chancellor may, cut any time, before the constitution of all the authorities of the universities, by order consistent with the provision of this act and statutes, as far as possible, made any appointment or perform any other function, which seems necessary or proper for him for the removal of the said difficulty; ..... division bench of the high court allowed the writ petition by judgment dated 24.4.1992 and directed regularisation as per the orders of the chancellor. ..... 1981, patna women's college opened the department of home science. ..... are unable to see how section 74 can help. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)46; [1996(73)FLR1264]; JT1996(4)SC320; 1996(3)SCALE696; (1996)8SCC454; [1996]Supp1SCR78; 1996(2)LC122(SC); (1996)3UPLBEC1537
..... is not a correct reading of the requisite provisions, section 50(1-8) of the state universities act, 1973 runs as follows ;(1-8) until the first statutes of the purvanchal university are made under this section, the statutes of the university of gorakhpur, as in force immediately before the establishment of the said university, shall apply to it subject to such adaptation and modifications as the state government may by notification provides.admittedly, the first statute of the purvanchal university has not been published so far, therefore, the statute of gorakhpur university shall apply to the present case. ..... has found that under the relevant statutes of the gorakhpur university which were applicable, there was a provision for relaxation of any qualification and the power under the said provision had been exercised, which was approved by the vice chancellor of the university, it was no more open to the selection committee constituted under section 31-c to say that as there was no provision for relaxation under the purvanchal university, respondent did not possess the requisite ..... the provisions aforesaid the case of the respondent was placed before the selection committee, but by an order dated 26.6.1992 issued by the director of education (higher education) respondent was informed that no substantive appointment was being given to him in terms of section 31-c aforesaid and because of that it shall be deemed that the services of the respondent had been terminated w.e.f.30.6.1992. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1996Mad204
..... sub-section (1) states that the university shall, subject to the provisions of the act and the statutes, be open to all persons, sub-section (2) specifically states that nothing contained in sub-section (i) shall require the university, (a) to admit to any course of study any person who do notpossess the prescribed academic qualification or standard; (b) to retain on the rolls of the university any student whose academic-'re-cord is below the minimum standard required for the award of a degree, diploma or other academic distinction; or (c) to admit any person or retain ..... mere or less, under the similar circumstances, when the high court issued a direction to admit a student to a medical course, the supreme court interfered with .such a direction and held in anupam gupta's case : [1992]1scr643 as follows: 'considering from this point of view to maintain excellence the courses have to be commenced on schedule and to be completed within the schedule, so the students would have full course to meet their excellence and come at ..... w.c, sridhar on behalf of the petitioner submitted that the resolution passed by the second respondent university to the effect that students studying in self financed colleges though the allotment is made by first respondent on 'merit basis' under 'free seat basis' are not eligible of being accommodated in the second respondent is opposed to the principles of natural justice and is a gross violation of fundamental rights guaranteed under the constitution of .....
Tag this Judgment!Court : Karnataka
Reported in : 2005(3)KarLJ597
..... as per section 10, sub-section (2) of the karnataka state open university act read with second schedule of sub-clauses (3) and (4) of the first statutes, vice-chancellor is the principal academic and executive officer of the university. ..... degree programme of the karnataka state open university during the year 2001-2002.she/he has been allotted to hubli study centre.the contact programme for the first year m.ed. ..... degree programme of the karnataka state open university during the year 2001-2002 and that they have been allotted a particular study center. ..... degree programme of karnataka state open university curing the year 2001-2002. ..... m-134) of karnataka state open university campus, mysore. ..... karnataka state open university was established in the year 1994, under the provisions of the karnataka state open university act, 1992, at the state level for the introduction and promotion of open university and distance education systems in the educational pattern of the state and for co-ordination and determination of standard of such systems. ..... insofar as the contention that the university has not produced any material to show how these admissions of the petitioners are made is concerned, the material on record clearly discloses the mode in which the admissions were made to the aforesaid courses. .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(5)KarLJ123
..... on the advent of the first respondent under the karnataka state open university act, 1992 and after formation of the first respondent, the petitioner was appointed as selection grade lecturer (reader) in 1996. ..... section 23 of the act deals with statutes how made. ..... statutes how made. ..... (2) the board of management may from time to time, make new or additional statutes or may amend or repeal the statutes referred to in sub-section (1): provided that the board of management shall not make, amend or repeal any statutes affecting status, powers or constitution of any authority of the university until such authority has been given a reasonable opportunity to express its opinion in writing on the proposed changes and any opinion so expressed has been considered by the board of management. ..... clause 4 of section 23 categorically states that a new statute or a statute amending or repealing an existing statute shall not be valid unless it has been assented to by the chancellor. 8. ..... (5) notwithstanding anything contained in the foregoing subsections, the chancellor may make new or additional statutes or amend or repeal the statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this act. ..... a combined reading of section 23, second schedule and clause 18 would show that any statute or a new statute shall not be valid unless it has been assented to by the chancellor. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)ALLMR31; 1998(4)BomCR381
..... iv) in view of the aforesaid the petitioner's application for permission to open a morning law college at sangli shall be deemed to have been granted by the state government and permission shall be deemed to have been granted to open the said law college under sub-section (5) of section 82 of the maharashtra universities act, 1994, from the academic year 1997-98 onwards for a three year degree law course. ..... had applied its mind and after a committee had inspected the proposed law college at sangli, a report was made to the legal education committee which considered the entire material and recommended grant of permission for teaching three years course from the academic year 1996-97. ..... under section 27 of the 1994 act, the management council is the principal executive authority to formulate statutes and forward the same to the senate for approval and make ordinances to administer the affairs of the university. ..... questions, however, was how to encourage private educational institutes without allowing them to commercialize education. ..... it is difficult to appreciate how the stategovernment could have passed the resolution on 13th june, 1995 (2 monthsprior to the date of judgment) after perusing the judgment of the apex court.the resolution dated 13th june, 1995, obviously could have no .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN177
..... section 25c(2) of the agra university act runs as follows:every decision by the management of an affiliated college, other than maintained by government, to dismiss or remove from service a teacher shall be reported forth with to the vice chancellor and, subject to the provisions to be made by the statutes, shall not take effect until it has been ..... to remain affiliated to the agra university act was not a law applying to the erstwhile state of ajmer it only applied to such colleges as were affiliated to the agra university. ..... attract the rule of estoppeld need not always be a representation of a physical, but may as well be the representation of an attitude or a slate of mind, inasmuch as, the state of man's mind is as much a matter of act as the state of his digestion.if a man, either by words or by conduct, has intimated that he consent to an act which has been done, and that he will offer no opposition to it, although it would not have been lawfully done without his consent, and he thereby induces other ..... power to construe laws:- notwithstanding that no provisions or insufficient provision has been made under section 120 for the adaption of a law before the appointed any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to any state formed or territorially altered by the provisions of part ii, construe the law in such manner, without affecting the substance, as may be necessary or proper in .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR2037
..... this court, this court by judgment and order dated 11.5.2005 directed the university to consider the application of the petitioner for affiliation in light of section 34 of the south gujarat university act, and to hold an enquiry; and also directed the registrar of the university to submit the application and other proceedings, if any, of the academic council and the syndicate to the state government, after which the state government was directed to take appropriate decision on merits and in accordance with law ..... it is further submitted that as per the provisions of section 34 of the south gujarat university act, 1965, the final authority in the matter of affiliation vests with the state government and it was decided to place before the state government the decisions of the syndicate, and academic council for appropriate decision thereon. ..... , (supra) to emphasize that once recognition has been granted by the ncte, an expert and statutory body, it is not open for the university to find fault with thereafter as the recognition/approval is already granted by ncte after following due procedure as required under the provisions of the act and the regulations and the university is bound to grant affiliation. ..... rule is made absolute to the aforesaid extent with no order as to costs. .....
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