Court : Supreme Court of India
Reported in : AIR1994SC579; [1994(68)FLR69]; JT1993(6)SC473; (1994)ILLJ364SC; 1993(4)SCALE349; (1994)1SCC169; [1993]Supp3SCR599; 1994(1)LC131(SC)
..... experts in the subject (one nominated by the chancellor and the other three by the vice-chancellor) was constituted in terms of section 21(2) of the orissa universities act, 1989. the committee met on march 27, 1990 and placed dr. mohapatra at no. 1 in the merit for both the posts. dr. kar was ..... of the selection committee. it has been mentioned in para 14 of the special leave petition - supported by the affidavit filed by the administrative officer of the university - that the two letters mentioned above were informally discussed at the meeting of the syndicate, but it was decided not to take notice of same. dr. ..... granted in both the petitions. dr. prafulla kumar mohapatra was selected for the substantive post of professor of philosophy by the selection committee constituted by the utkal university, bhubaneswar, orissa. a day after the selection committee addressed two letters to the vice-chancellor stating therein that the selected candidate did not possess the requisite qualifications .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(1)SC374; 1993(1)SCALE363; 1994Supp(1)SCC191
..... political or social is violated by the twenty-sixth amendment. political justice relates to the principle of rights of the people, i.e. right to universal suffrage, right to democratic form of government and right to participation in political affairs. economic justice is enshrined in article 39 of the constitution. social ..... justice, fairness and reasonableness is the soul, spirit and the conscience of the constitution of india as framed originally and that the impugned amendment act constitutes an unholy assault on that spirit which is impermissible and beyond the amending powers of the parliament under article 368 of the constitution. according ..... the constitution bench of this court in sajjan singh v. state of rajasthan : [1965]1scr933 wherein the constitutional validity of the constitution (seventeenth amendment) act, 1964 was challenged, reiterated the views expressed in shankari prasad by the majority of three judges although two judges gave their separate dissenting judgments. one of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594
..... of fees by whatever nomenclature it may be called.154. the petitioners have come forward with the following case: annamalai university is an autonomous residential unitary university established and incorporated under the annamalai university act, 1928 enacted by the then madras legislature. it has 45 faculties including engineering and technology and medicine. so far as ..... with this scheme, by way of elaboration and elucidation.this scheme shall apply to and govern the admissions to professional colleges commencing from the academic year 1993-94.we are aware that until the commencement of the current academic year, the andhra pradesh was following a somewhat different pattern in the matter ..... the said grant as well as section 3-a.140. there are a number of private engineering colleges in the state. until the current academic (1992-1993), all the seats in these colleges were filled in by the convenerof the common entrance examination. the management had no discretion or choice in the matter .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1267
..... or social is violated by the twenty-sixth amendment. political justice relates to the principle of rights of the people, i.e. right to universal suffrage, right to democratic form of government and right to participation in political affairs. economic justice is enshrined in article 39 of the constitution. ..... subjects for decision in kesavananda bharati : air1973sc1461 . though writ petition no. 351 of 1972 challenging the twenty-fourth, twenty-fifth and twenty-sixth amendment act was also listed along with other writ petitions in kesavananda bharati, the constitutional validity of the twenty-sixth amendment was left over for determination by a ..... constitution bench of this court in sajjan singh v. state of rajasthan, : [1965]1scr933 wherein the constitutional validity of the constitution (seventeenth amendment) act, 1964 was challenged, reiterated the views expressed in shankari prasad by a majority of three judges although two, judges gave their separate dissenting judgments one .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1997(4)SCALE263; (1997)10SCC264; [1996]Supp10SCR175; 1997(1)LC778(SC)
..... to make appointment of the respondents, though under the provisions of section 68 of the universities act, is in violation of the act since section 3(1) has been made applicable with retrospective effect from december 11, 1993. the direction issued by the chancellor in that behalf is in contravention of section ..... 1993. thereby, the process of selection was initiated after the act had come into force without applying the provisions of sub-section (1) of section 3 of the act. therefore, the process of selection and preparation of merit list was in violation of the provisions of the act. the governor while acting as chancellor, discharged statutory duty under section 68 of university act ..... appellant to appoint the respondents to the post of reader in the chemistry department of the allahabad university? it is already seen that the act has come into force with effect from december 11, 1993, shri sharan, learned counsel for the respondent, has contended that since the process of selection starts .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC2056b; 1990LabIC1674; 1990Supp(1)SCC773
..... the committee of management to take a reference to the chancellor regarding the correctness of this order.7. normally a reference under section 68 of the u.p. state university act is to be made within three months of the order by the aggrieved person. but, in this case, though the vice chancellor has passed what purported to be ..... gaur but this was dismissed by the high court on the short ground that he had an alternative remedy before the chancellor under section 68 of the u.p. state university act.3. later on, however, on a representation made by the teachers' association and also by dr. gaur, the vice chancellor purported to review his earlier order and ..... vice chancellor is correct or not, particularly when it is open to the aggrieved party under section 68 of the u.p. state university act, to have a reference made to the chancellor of the university who has ample powers to decide whether any decision taken by any authority or officer is in conformity with the statutes and ordinances of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC1296; JT2000(3)SC221; 2000(2)SCALE415; (2000)4SCC640; [2000]2SCR299
..... a scheduled caste or a scheduled tribe shall be allowed to take more than five enhances at the examination ; (b) be a graduate in law of a university recognised by the governor or a barrister-at-law or a member of the faculty of advocates in scotland, or an attorney on the rolls of a high ..... while it is in session for a total period of fourteen days which may be comprised in one or in two successive sessions.123. the aforesaid act was amended by act no. xi of 1993 by which amongst other sub-section (2) of section 4 was substituted prescribing the extent of percentage of reservations. similarly clause (c) of sub ..... a co-operative institution registered under the bihar co operative societies act, 1935 (act 6 of 1935) in which share is held by the state government or 'which receives aid from the state government in terms of loan, grant, subsidy, etc. and (iii) universities and colleges affiliated to the universities, primary, secondary and high schools and also other educational institutions .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2233; JT1994(1)SC376; 1994(1)SCALE393; (1994)2SCC691; [1994]1SCR579; 1994(2)LC145(SC)
..... in ranganath reddy v. state of karnataka, [1978] 1 s.c.c. 641, kedar nath singh v. state of bihar, : [1964]6scr784 , jagdish pandey v. chancellor, university of bihar, : [1968]1scr231 , sunil bhadra v. delhi administration, : 1978crilj1741 . 40. it has been further submitted that as rule 39 cannot be given a wide interpretation thereby ..... hereunder: in exercise of the powers conferred by sub-section (1) and (1a) of section 15 of the mines and minerals (regulation and development act, 1957 (central act 67 of 1957) the governor of tamil nadu hereby makes the following amendment to the tamil nadu minor mineral concession rules, 1950.the amendment hereby made ..... rule 39 of the mineral concession rules was unconstitutional and void. 4. premium granites and shanthi granites preferred a special leave petition no. 10306 of 1993 before this court inter alia challenging the impugned decision of the madras high court impleading the state of tamil nadu represented by its commissioner and secretary to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
..... 171 relating to legislastive council of a state. the said provisions provide for separate electorates of members of municipalities, district boards and local authorities (clause (a), graduates of universities (clause (b), and teachers (clause (c). they do not provide for preparation of separate electoral rolls on the ground of religion. the question for consideration is whether the ..... of the constitution. the said provisions, in my view, are however, severable from the other provisions which have been inserted in the 1950 act and the 1951 act by the 1976 act and the 1980 act and the striking down of the impugned provisions does not stand in the way of giving effect to the other provisions.207. i would, ..... .174. with regard to the reservation of twelve seats for sikkimese of bhutia and lepcha origin under sub-section (1-a) inserted in section 7 of the 1950 act by act no. 8 of 1980, shri r.k. jain, the learned senior counsel, appearing as amicus curiae for the petitioner in t.c. no. 78 of 1982, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... foreseen by its makers. application of constitutional provisions to actual facts of life therefore requires judicial statesmanship. the following words of professor frankfurter at harvard university (who later became justice frankfurter) with reference to the american constitution are equally apposite to our own:every legal system for a living society, even ..... them life and their intended significance.the rule of law is the primary principle of our constitution, and in its universality and omnipotence it postulates that no one, neither state nor individual, shall act contrary to the law, and nobody shall be denied right and justice. the principal organs of the state, the ..... powers brought about by our constitution, this court in chandra mohan v. state of u.p. : (1967)illj412sc made the following observations (at p. 1993):the indian constitution, though it does not accept the strict doctrine of separation of powers, provides for an independent judiciary in the states; it constitutes a high .....
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