Judgment Search Results Home > Cases Phrase: state open university act 1992 section 39 power to amend the schedule Page 5 of about 5,714 results (0.722 seconds)

Vice-chancellor, Veer Bahadur Singh Purvanchal University and ors. Vs. ...

Court : Allahabad

Reported in : 2009(2)AWC1458

..... a division bench of this court held as under:in view of the fact that no revaluation is provided under the state university act or the first statutes of the university, the order for revaluation cannot be passed except in exercise of its extraordinary jurisdiction under article 226 of the constitution of india and that to when the court is satisfied that in the peculiar facts of the case such an exercise is necessary in the interest of substantial justice. ..... state universities act, 1973 nor is there any such provision in the first statutes or the ordinances applicable to veer bahadur singh purvanchal university, jaunpur. ..... it is settled law that no interim relief can be granted by way of final relief which may or may not be granted by the court as final relief.in view of the aforesaid, we feel that learned single judge was not justified in requiring the university to get the answer sheet of the petitioner re-checked and to submit the result so obtained before the court by the next date. ..... the present special appeal has been filed against the judgment and order dated 20.11.2008, passed by the learned single judge whereby the learned single judge has, inter alia, given the following interim directions:considering the facts and circumstances of this case as mentioned hereinabove, it is directed that the respondent-university shall itself have the answer copy of 'educational administration and management' paper of b. ed. .....

S.N. Rai (Dr.) Vs. North Eastern Hill University and ors.

Court : Guwahati

Reported in : 2007(4)GLT229

..... according to the petitioner, the provisions of ordinance oa-3 are not exhaustive of the power to establish a centre for studies and that the establishment of such a centre by the university grants commission is also equally a centre for studies within the meaning of section 14 (1) of the nehu act. 11. ..... in exercise of the powers conferred by section 20 (i)(k) of the nehu act, 1973, the university issued the ordinance called 'the north eastern hill university centres' establishment. ..... 3 is concerned, the answering respondents vehemently deny such allegations and state that the complaint lodged by the petitioner was promptly forwarded to the vigilance officer on 22.6.2004 for necessary action, but the petitioner, without waiting for the outcome of the inquiry, forwarded a similar complaint to the chief vigilance commissioner, new delhi. ..... it is also pointed out by the petitioner that the computer centre is conducting various courses including bca and mca for the students of the india gandhi national open university, a fact which was reported to the ministry of human resources development, new delhi by nehu is its letter dated 10.2.2003. .....

Shankar S/O Bhagwan Ambhore (Dr.) Vs. Vice Chancellor, Dr. Babasaheb A ...

Court : Mumbai

Reported in : 2006(4)ALLMR522; 2007(1)BomCR521; 2006(3)MhLj835

..... the writ petition, therefore, ought to succeed to that extent.on reference to section 14 and more particularly, sub-sections (5), (7) and (11) of the maharashtra universities act, pertaining to powers and duties of vice chancellor, it can be seen that sub-section casts a duty on the vice chancellor to ensure that directives of the state government, provisions of the act and statutes are strictly observed and the decisions of the authorities, bodies and committees are properly implemented. ..... the disqualifications for membership of parliament and state legislators are covered in sections 8 and 8a of the representation of the people act, 1951, and on reference to sub-section (3) of section 8, it can be seen that the said provision is worded in much strong terms than section 44 of the maharashtra universities act, 1994, which reads as follows :disqualification on conviction for certain offences.(1)...(2)... ..... it was the submission of learned counsel for the respondents, that once such a disqualification is incurred, by virtue of opening clause of section 44, 'a person shall be disqualified for being a member', the membership of the member having incurred disqualification shall cease as a statutory effect and it would not require any formal declaration or order by the chancellor as one contemplated by section 9(5). .....

Bhagwati Dhar Bajpai Vs. Jabalpur University and ors.

Court : Madhya Pradesh

Reported in : AIR1967MP239

..... pathak on 34-1-1967 was not proper as the said notice had not been delivered to the registrar according to the requirements of section 18(1) of the jabalpur university act (hereinafter called the act) be quashed the petitioner further seeks a writ of mandamus to be issued to the third respondent who was chairman of that meeting to re-commence the meeting for the purpose of duties in relation to the said notice whereby a no-confidence motion was sought to be brought against the second respondent, namely, the vice-chancellor of the university. ..... immediately on the commencement of the meeting one of the members of the court raised a point of order to the effect that the notice not having been delivered to the registrar as stated in section 18(1) of the act and having been delivered to the assistant registrar, there was no valid notice and consequently the motion of no-confidence could not be moved at the meeting.5. ..... it was urged in the petition that the working of the university in such manner on 24-1-1967 amounted to appointment of shri pathak as the registrar by the vice-chancellor in the exercise of his emergency powers. ..... on 25-1-1967 an annual meeting of the university was scheduled to be held at 1 p.m. .....

Ankush Bhargava and ors. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR2006J& K22,2005(3)JKJ516

..... the notification reads :--pursuant to the medical council of india (mci) notification dated 2nd july, 2002 published in gazette of india (part iii, section 4) regarding the amendment of its regulations on graduate medical education, 1997; and on the recommendations of the dean, faculty of medicine, the vice-chancellor, in anticipation of the approval of the competent authority in exercise of the powers vested in him under sub-section (4) of section 13 of the kashmir and jammu university act, 1969 is placed to authorize the adoption of the following sub-regulation w.e.f. ..... it is only in the year 2004 after a period of two years from the date of issuance of the medical council of india notification the vice-chancellor of the university in exercise of his emergency powers vested in him under section 13(4) of the act of 1969 amended the statute 6.2 by his notification dated 6-7-2004.17. ..... the background in which vice chancellor took the action of amending the statute of the university by no stretch of reasoning can be said to be an action taken in a state of emergency. ..... the stand of the respondent-university, is that it was specifically stated in the notification dated 6-7-2004 that notification shall, however, be valid till the faculty of medicine took a considered view in the matter. ..... before the enactment kashmir and jammu universities act 1969 (hereinafter called the act) there was only one university, in the state of j&k. .....

Vishal Shkishan Prasarak Mandal Dhule Vs. The State of Maharashtra Thr ...

Court : Mumbai Aurangabad

..... learned senior counsel appearing for the respondent/state, placing reliance on the provisions of section 82 of the maharashtra universities act, contends that a time frame has been prescribed for according final permission to open a new college and since the period prescribed under the said provision has come to an end, it is not possible for the state government to consider the application of the petitioner/institution for granting permission to open a new college during the academic year 2015-2016. ..... the division bench at the principal seat at mumbai had issued directions to the respondent/state to consider the applications of the petitioner, as provided under section 82(5) of the maharashtra universities act, without taking into consideration the circular dated 29th april, 2015 and 20th july, 2015 in ..... it would, however, be open for the state council for higher education to consider the perspective plan prepared and forwarded by the north maharashtra university during the academic year 2012-2013 and yearly plans within the contemplation of section 82(1) of the act of 1994, presented during each of the academic years within time frame, stipulated ..... is worthwhile to note that although section 82 of the act of 1994 does not prescribe the period of operation of the perspective plan, the policy of the state government declared under its government resolution dated 30th october, 2010, prescribes that the perspective plan prepared by the university shall be operative for a period of .....

Dr. R. Halesha and Others Vs. State of Karnataka Represented by the Pr ...

Court : Karnataka

..... the court had to consider the interpretation and application of regulations framed by the ugc in exercise of power conferred under clause (f) of section 26 (1) of the ugc act, vis--vis the provisions of the indra gandhi national open university act, 1985.7.12 on a close examination of the relevant provisions, it was held as follows:44. ..... , promotional avenue and other service conditions being similar to all the teaching community, there is no rationale behind the discrimination in so far as the age of superannuation is concerned.it is contended that the endorsements issued by the state government rejecting the claim of many of the petitioners, are on the basis of an incorrect understanding of the legal position, with reference to authorities which would not be applicable in the present circumstances.3.1 it is submitted that entry 66 of list-i of vii schedule of the constitution of india empowers the union of india to make any enactment pertaining to co-ordination and determination ..... letter no.f.1-24/2006-desk (u) dated 30.03.2007 to enhance the age of superannuation of vice-chancellors of central universities from 65 years to 70 years, subject to amendments in the respective statutes, with the approval of the competent authority (visitor in the case of central universities). ..... state of kerala (1992) (supp. ..... his services were regularized with retrospective effect from the date of joining by an order dated 20.2.1992. .....

Visvesvaraya Technological University, rep. by its Registrar Vs. The C ...

Court : Karnataka Dharwad

..... he would also elaborate his submission to contend that under section 53(2) of the act there cannot be any implied or inherent power which can be exercised by the chancellor and he would be exercising power under the act as its chancellor and not as governor of the state of karnataka; under the karnataka state universities act, 1986 and under the karnataka open universities act, 1992 the chancellor has got specific power to order for enquiry which is conspicuously absent under the vtu act and as such he prays for quashing of the impugned notification by allowing the writ petition. ..... it is also the contention of the petitioner that under section 9 of the act, even for the state government to exercise the power to issue instructions to university, it is incumbent on the state government to first call upon the university to offer its explanation and on explanation being offered by the university, if found unsatisfactory then state government with the concurrence of the chancellor can issue instructions to the university as may be desirable and necessary for giving effect to those instructions and chancellor has no independent power to act on his own and appoint a committee to enquire into alleged irregularities even under section 9 of the act. .....

B.N. Devadas Vs. University Grants Commission Rep. by Its Secretary an ...

Court : Chennai

Reported in : (2009)5MLJ468

..... indira gandhi national open university act 1985 was introduced in order to establish and incorporate an open university at the national level for introduction and promotion of open university and distance education system in the educational pattern of the country and for the co-ordination and determination of standards in such system. ..... ugc with the approval of the central government and exercising power under section 22(3) of the ugc act has issued a schedule of degrees which may be awarded by the universities.47. ..... it is also not the case of the respondents 10 and 11 that after the development of main campus, in exceptional circumstances, the university has been permitted to open off-campus centres, off-shore campuses and study centres after five years of its coming into existence, on fulfilling the condition that the off-campus centres and the study centres have been set up with the prior approval of ugc and that of the state government, namely, tamil nadu.40. ..... the programmes of study leading to a degree and/or a post-graduate degree/diploma offered by a private university shall conform to the relevant regulations/norms of the ugc or the concerned statutory body as amended from time to time.3.7. .....

S.A. Partha and ors. Vs. the State of Mysore and ors.

Court : Karnataka

Reported in : AIR1961Kant220; AIR1961Mys220

..... section 51 of the mysore university act of 1956, it is for the chancellor of the university by rules to make special provisions for the educational advancement of students belonging to any socially and educationally backward class, the scheduled castes and the scheduled ..... the arguments advanced in support of those writ petitions were rejected by the bench of this court which decided those cases, namely, that the president of india alone has under the constitution the power to declare which classes of citizens are socially and educationally backward and that the 'state' under article 15(4) of the constitution can mean only the legislature of the state and not the ..... were reserved for scheduled castes and scheduled tribes and 28 for the other backward classes leaving the remaining 76 for open competition on merit; since, however, there were only two eligible candidates among the scheduled castes and scheduled tribes, the remaining 20 scats went to the benefit of the other backward classes ..... substituted by another slightly differently worded articles by the subsequent fourth amendment act of 1955 in which protection to the laws mentioned therein was granted only against inconsistency with or taking away or abridging any of the rights conferred by articles 14, 19 or 31, it is perfectly clear that the parliament was deliberately providing for complete extinguishment of a fundamental right by legislation of a particular description white at the same time providing for mere abridgment of a .....