Judgment Search Results Home > Cases Phrase: state open university act 1992 section 39 power to amend the schedule Page 1 of about 5,714 results (0.624 seconds)

Mata Gujri Memorial Medical College and Lions Sewa Kendra Hosptial Vs. ...

Court : Patna

..... proviso to section 21(2)(d) of the universities act, and, as such, the inspection report has no value in the eye of law;(v) the state government got the inspection conducted by the district magistrate, who, by letter 829/c dated 6.5.1992, reported that though the college is equipped with a hospital of 450 beds for establishing a medical college but it does not have a minimum infrastructure as per the criteria laid down by the medical council of india and(vi) no application has been filed before the state government for taking permission for opening a medical college under the bihar ..... learned counsel for the state, on the other hand, contended that after the amendment of the medical council of india act, the power to give permission to establish medical college vests in the central government and unless the permission ii granted by the central government, there is no question of giving approval to the affiliation in terms of proviso 2nd to clause (d) of section 21. ..... mandal university, which is not an university named in the first schedule of the medical council of india act and as such the university is not competent to confer degree in m.b.b.s. ..... included in the first schedule of the indian medical council act, 1956, nor the university has applied to the central government for its inclusion in the said schedule under the said act. .....

The Governing Body of the Budha Institute of Dental Science Vs. the St ...

Court : Patna

..... it is very strange that even though the state government purports to cancel the affiliation granted to the said institute on the ground that it does not fulfill the requirements laid down by the government of india and the dental council of india, the government of india ministry of health and family welfare, after consulting the said council issued notification on 8th july, 1992 under section 10(2) of the said act amending the schedule i of the said act by including the b.d.s. ..... the other submissions of the learned advocate general on behalf of the state is that the state's power of interference in this matter rests on the provisions contained under the proviso to sub-section (2) of section 21 of the bihar state universities act, 1976 (hereinafter referred to as the said state act). ..... therefore, it is no longer open to the state government to cancel the affiliation to the said institute when the dental college run by the said institute, as an affiliated college of the magadh university is recognised by the central government in consultation with the dental council and the aforesaid notification was issued by the central government. ..... the recognition of the said institute has been repeatedly sanctioned and granted by the said apex council and as such it is not open to the state government to sustain the impugned order.30. ..... for the reasons aforesaid, it is no longer open to the state government to issue the impugned show, cause notice dated 29th sept. .....

Sudha Tiwari Vs. Union of India and Other

Court : Allahabad

..... the constitution (ninety third amendment) act, 2005 has by inserting a new clause (5) in article 15 of the constitution, enabled the state to make special provision, by law, for the protection of the rights of the scheduled castes (scs), the scheduled tribes (sts) and socially and educationally backward classes of citizens in all educational institutions, including aided or unaided private educational institutions, except minority educational institutions established under article 30 (1) of the constitution. 6. ..... this court had at the instance of the petitioner passed an interim order on 5.5.2009 restraining the university to apply the provisions of reservation in respect to admission to the private unaided colleges in self finance course under section 4 of the act of 2006. ..... he would submit that article 15 (5) does not breach or violate the basic structure of the constitution of india and that once the constitution (ninety third amendment) act, 2005 amending the constitution has been held valid, it is not open to this court to take a different view. 31. ..... we find great force in the submission made on behalf of the petitioners that the states have no power to insist on seat sharing in the unaided private professional educational institutions by fixing a quota of seats between the management and the state. ..... university of delhi, (1992) 1 scc 558). ..... university of delhi 1992 (1) scc 558. ..... union of india, 1992 supp (3) scc 217; st. .....

University Grants Commission Vs. Sadhana Chaudhary and ors.

Court : Supreme Court of India

Reported in : JT1996(9)SC234; (1997)IILLJ272SC; 1996(7)SCALE211; (1996)10SCC536; [1996]Supp6SCR392; 1996(2)LC676(SC)

..... replaced the ordinances and has urged that since the 1991 regulations that have been made by the ugc in exercise of the power conferred under section 26 of the act which has been enacted by parliament under entry 66 of list i (union list) of the seventh schedule to the constitution, the bihar state legislature was not competent to legislate in this field and the legislation enacted by the bihar state legislature is ultra vires the legislative powers conferred on the bihar state legislature under the constitution and that the patna high court was in error in upholding the validity of the ordinances ..... state university (second amendment) ordinance, 1994 and patna university (third amendment) ordinance, 1994 on december 8, 1994 where by provisions was made regarding relaxation of the minimum qualification for appointment on the post of lecturer in university/constituent colleges and a candidate who has got a degree of ph.d in the concerned subject and/or has submitted his thesis for ph.d by december 31, 1993 and/or has get a degree of m.phil before december 31, 1992 has been made eligible for appointment as lecturer without having passed the bihar eligibility test or the ..... the question regarding validity of the two ordinances and the legislative enactments replacing them is, therefore, left open.25. .....

Apollo College of Veterinary Medicine Vs. Rajasthan State Veterinary C ...

Court : Supreme Court of India

..... it was followed by notification issued by the central government on 29th april, 2010 whereby in exercise of the powers conferred by sub-section (2) of section 15 of the indian veterinary council act, 1984, the central government amended the first schedule of the said act in the following manner: in the first schedule to the said act, under sub-heading degrees ,- (i)against serial number 33, relating to rajasthan agricultural university, in column 3, under the letters b.v. sc. & a.h. ..... on a meaningful reading of the statement of object and preamble of the veterinary council act together with sections 2(e), 2(j), sections 15,19 and 21 and on a purposive construction of regulation 2(n) of the regulation 2008 read with regulation 2(c) of the regulations, 1992, it is clear that only veterinary college imparting teaching in veterinary science and animal husbandry through which a degree is conferred by a university and is recognized by the veterinary council of india and shown in the first schedule is eligible to impart teaching of b.v.sc.& a.h. ..... both apollo college and mahatma gandhi college were permitted to be opened by the state of rajasthan and were affiliated with the university recognized by the veterinary council of india. .....

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

..... under the above provisions, there was a clear bar on the state legislature taxing royalty payable under section 9 of the said act so as to in effect amend the second schedule of the said act. ..... on discussing the earlier judgments of this court in light of the constitutional entries in lists i and ii and the scheme of the mmdr act, 1957 as well as the combined effect of the proposed levy, the civil appeals were disposed of by concurring with the conclusions of the high court of orissa to the effect that the state had no legislative competence to levy the cess under the aforesaid act of 1992. ..... according to louise tillin, in her article building a national economy : origins of centralized federalism in india published by the oxford university press in 2021, india s post- colonial constitution introduced a new approach to federalism which has departed from the principle that federal and regional governments should each have independence in their own sphere of authority. ..... power to levy taxes on vehicles, whether mechanically propelled or not vests solely in the state legislature, though it may be open to parliament to lay down the principles on which the taxes may be levied on mechanically propelled 290 (1967) 3 scr611291 (2002) 2 scc188137 part h vehicles in the background of entry 35 of list iii. .....

Teerthanker Mahaveer Institute of Management Vs. Union of India and or ...

Court : Delhi

..... .(1) if, after the 1st day of june, 1992 and on and before the commencement of the indian medical council (amendment) act, 1993 any person has established a medical college or any medical college has opened a new or higher course of study or training or increase the admission capacity, such person or medical college, as the case may be, shall seek, within a period of one year from the commencement of the indian medical council (amendment) act, 1993, the permission of the central government in accordance with the provisions of section 10a ..... . (2) any university or medical institution in india which grants a medical qualification not included in the first schedule may apply to the central government to have such qualification recognised, and the central government, after consulting the council, may, by notification in the official gazette, amend the first schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the first schedule against such w.p ..... ors.(1998)6scc131 where the court was dealing with the power of state of karnatka to fix the admission capacity in the medical colleges of the state prior to the insertion of section 10a, 10b and 10c in the indian medical council act, ..... council. plea of the state government that power to regulate admission to medical colleges is prerogative of the state has to be rejected .....

Mridul Dhar (Minor) and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2005SC666; 2005(2)BLJR853; 2005(1)CTC764; 2005(2)ESC198; JT2005(1)SC340; 2005(1)KLT723(SC); (2005)2SCC65; (2005)1UPLBEC876

..... reference may also be made to notification dated 25th february, 2004 issued by the medical council of india in exercise of the powers conferred by section 33 of the indian medical council act, 1956 (for short, 'the act') with the approval of the central government, making the 'graduate medical education (amendment) regulations, 2004, laying down the time schedule for completion for admission process for-first mbbs course. ..... convened a meeting of the state health/medical education secretaries and the vice-chancellors of the universities of health sciences and as a result of discussion issued a directive dated 14th may, 2003 to the secretaries of health and medical education in all the states and union territories and to all universities awarding medical/dental degrees laying down the policy guidelines on admission of students and other allied matters, inter alia, having regard to the decision in madhu singh's case (supra), laying down the schedule for completion of the various stages ..... in exercise of the powers conferred by section 10a read with section 33 of the act, the mci made the establishment of new medical colleges, opening of higher courses of study and increase of admission capacity in medical college regulation, 1993. ..... section 10(a) of the act which was inserted by the indian medical council (amendment) act, 1993 (act 31 of 1993) with effect from 27th august, 1992, makes it imperative to seek permission for establishment of a new medical college, new course of study. .....

A Citizen of India Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1996KAR3136; 1996(7)KarLJ426

..... to fix the admission capacities of the medical colleges;(ii) even the provisions of section 10a, 10b or 10c as inserted in the principal act by the indian medical council (amendment) act, 1993, does not vest any power in the council to determine the admission capacities of the medical colleges, and,(iii)even after 1.6.1992 or for that sake 27.8.1992, the power to fix the admission capacity of a medical college can be traced only to the state government under section 53(10) of the karnataka universities act, 1976 read with section 4(i)(b) of the capitation fee act and no other authority, may be the central government or the mci has any say in the matter.'16. ..... recommendations under clause (b) of sub-section (3) and the central government, while passing an order, either approving or disapproving the scheme under sub-section (4) shall have due regard to the following factors, namely:-(a) whether the proposed medical college or the existing medical college seeking to open a new or higher course of study or training, would be in a position to offer the minimum of standards of medical education as prescribed by the council under section 19a, or as the case may be, under section 20 in the case of post-graduate medical education;(b) whether the person seeking to establish a medical ..... , the union list of 7th schedule of the constitution reads as follows:-'66. .....

Nimbappa and ors. Vs. Registrar (Admission and Evaluation), Karnataka ...

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 ..... programme of karnataka state open university curing the year 2001-2002. ..... 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 ..... sub-clause (3) of clause (8) of the ii schedule to the university act categorically provides that the board of management shall exercise all the powers of the university not otherwise provided for by the act, statute, ordinance and regulations for the fulfillment of the objects of the university. ..... if any direction is issued by the high court to the central government to increase the admission capacity in a medical college it would be in the teeth of the statutory provisions and amounted to amending the provisions of section 10-a. .....