Court : Supreme Court of India
Reported in : AIR2005SC2026; 2005(2)ESC129; JT2005(2)SC165; (2005)5SCC420
..... 565 of 2003 has been filed by gopal ji agarwal with the same prayer, namely, that the chhattisgarh niji kshetra vishwavidyalaya (sthapana aur viniyaman) adhiniyam 2002 be declared as ultra vires being violative of constitution of india, and also contrary to the provisions of university grants commission act, 1956, indian medical council act, 1956, all india council for technical education act, 1987 and bar council of india act, 1956. ..... the act was amended by the chhattisgarh niji kshetra vishwavidyalaya (sthapana aur viniyaman) sansodhan adhiniyam, 2004 (hereinafter called 'the amending act'), which was published in the gazette on 17.3.2004. ..... the chhattisgarh legislature enacted the chhattisgarh niji kshetra vishwavidyalaya (sthapana aur viniyaman) adhiniyam, 2002 (for short 'the act') which was published in the gazette on 4.2.2002 to establish self- financed private universities for higher education. ..... professor yashpal, an eminent scientist and former chairman of university grants commission, has filed writ petition no.19 of 2004 under article 32 of the constitution by way of public interest litigation for declaring certain provisions of the chhattisgarh niji kshetra vishwavidyalaya (sthapana aur viniyaman) adhiniyam, 2002 as ultra vires and for quashing of the notifications issued by state of chhattisgarh in the purported exercise of power conferred by section 5 of the said adhiniyam for establishing various universities.. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(4)MPHT40
..... thereafter their lordships adverted to the provision of the chhattisgarh niji kshetra vishwavidyalaya (sthapana aur viniyaman) sanshodhan adhiniyam, 2002 act and after referring to various provisions of the said act in para 60 held as ..... a three-judge bench of the apex court were considering constitutional validity of the provision of the chhattisgarh niji kshetra vishwavidyalaya (sthapana aur viniyaman) adhiniyam, ..... upadhyay, chairman of chhattisgarh niji kshetra vishwavidyalaya regulatory commission had sent a letter on 23rd march, 2005 to the sponsoring body of an erstwhile university, wherein the following decision of the government of chhattisgarh was communicated:as you are the chairman of the sponsoring body of one of the universities mentioned above, it is our duty to inform you, that in case you are running any off campus/study centre in or around delhi in the ncr, you may immediately approach the guru gobind singh indraprastha university, ..... bca courses are three years and the admission given in the earlier session 2005-2006 in the above courses will be completed in the year 2008 and, therefore, no admission would be given to the fresh students. ..... however, as there has been a duration fixed by the university, the students who are continuing their studies and the duration is going to be over in 2008, the shall be allowed to continue, but no other benefit can accrue in their favour because ..... the agreement was for a period of five years and to remain in force till the year 2008 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3859; JT2005(8)SC163; (2005)7SCC330
..... clause (5) of statute 27(a) of the statute reads as under :'notwithstanding anything contained in the statutes, ordinances and regulations made by any of the existing state university (esu) under the provisions of the chhattisgarh vishwavidyalaya adhiniyam 1973 (no. ..... 27(a) enacted by the state of chhattisgarh in accordance with the provisions of section 36 of the chhattisgarh vishwavidyalaya adhiniyam 1973.13. ..... (1) of section 7 of chhattisgarh vishwavidyalaya adhiniyam, 1973 reads as under :'7(1) save as otherwise provided in this act, the powers conferred on the university by or under this act shall not extend beyond the limits of the territorial jurisdiction specified in the second schedule from time to time.provided that the state government may authorize the university to associate or to admit to any of its privileges colleges situated within the state outside the aforesaid limits in accordance with the provisions of this act and the statutes made thereunder.provided further that where the university provides ..... 27(a) in accordance with the provisions of section 36 of the chhattisgarh vishwavidyalaya adhiniyam 1973. ..... the provisions of the chhattisgarh niji kshetra vishwavidyalaya (sthapana aur viniyaman) adhiniyam, 2002 (for short 'the act') were challenged by prof. ..... ) are allowed and provisions of section 5 and 6 of the chhattisgarh niji kshetra vishwavidyalaya (sthapana aur viniyaman) adhiniyam, 2002 are declared to be ultra vires and are struck down. .....
Tag this Judgment!Court : Madhya Pradesh
..... in the said decision provisions of the chhattisgarh niji kshetra vishwavidhyalaya (sthapana aur viniyaman) sanshodhan adhiniyam, 2004 were held to be ultra vires the constitution on various grounds. ..... pradesh bhoj (open) university adhiniyam, 1991 for the purpose of encouraging open universities and distance education systems within the state and, therefore, the said university falls within the framework of section 4 of the ignot act for the purposes of coordination of distance education systems and accordingly regulated by answering respondents and further in view of the apex court's judgments the said university cannot have any off-campus centre outside the territorial jurisdiction of the state of madhya pradesh under its auspices.26. ..... by the said decision the government of tamil nadu, after careful consideration, has directed all the universities within the state of tamil nadu that m.phil and ph.d courses should not be offered through distance education from the academic year 2007-08, inspite of which the petitioners 19 w.p no.9903/2010 have been awarded m.phil and ph.d marksheets by the madurai kamraj univestity, chennai and the vinayaka missions university, salem in 2008, 2009 and 2010.18. ..... , mba, bba, bca courses are three years and the admission given in the earlier session 2005-2006 in the above courses will be completed in the year 2008 and, therefore, no admission would be given 15 w.p no.9903/2010 to the fresh students. .....
Tag this Judgment!Court : Madhya Pradesh
..... in the said decision provisions of the chhattisgarh niji kshetra vishwavidhyalaya (sthapana aur viniyaman) sanshodhan adhiniyam, 2004 were held to be ultra vires the constitution on various grounds. ..... pradesh bhoj (open) university adhiniyam, 1991 for the purpose of encouraging open universities and distance education systems within the state and, therefore, the said university falls within the framework of section 4 of the ignot act for the purposes of coordination of distance education systems and accordingly regulated by answering respondents and further in view of the apex court's judgments the said university cannot have any off-campus centre outside the territorial jurisdiction of the state of madhya pradesh under its auspices.26. ..... by the said decision the government of tamil nadu, after careful consideration, has directed all the universities within the state of tamil nadu that m.phil and ph.d courses should not be offered through distance education from the academic year 2007-08, inspite of which the petitioners 19 w.p no.9903/2010 have been awarded m.phil and ph.d marksheets by the madurai kamraj univestity, chennai and the vinayaka missions university, salem in 2008, 2009 and 2010.18. ..... , mba, bba, bca courses are three years and the admission given in the earlier session 2005-2006 in the above courses will be completed in the year 2008 and, therefore, no admission would be given 15 w.p no.9903/2010 to the fresh students. .....
Tag this Judgment!Court : Madhya Pradesh
..... in the said decision provisions of the chhattisgarh niji kshetra vishwavidhyalaya (sthapana aur viniyaman) sanshodhan adhiniyam, 2004 were held to be ultra vires the constitution on various grounds. ..... pradesh bhoj (open) university adhiniyam, 1991 for the purpose of encouraging open universities and distance education systems within the state and, therefore, the said university falls within the framework of section 4 of the ignot act for the purposes of coordination of distance education systems and accordingly regulated by answering respondents and further in view of the apex court's judgments the said university cannot have any off-campus centre outside the territorial jurisdiction of the state of madhya pradesh under its auspices.26. ..... by the said decision the government of tamil nadu, after careful consideration, has directed all the universities within the state of tamil nadu that m.phil and ph.d courses should not be offered through distance education from the academic year 2007-08, inspite of which the petitioners 19 w.p no.9903/2010 have been awarded m.phil and ph.d marksheets by the madurai kamraj univestity, chennai and the vinayaka missions university, salem in 2008, 2009 and 2010.18. ..... , mba, bba, bca courses are three years and the admission given in the earlier session 2005-2006 in the above courses will be completed in the year 2008 and, therefore, no admission would be given 15 w.p no.9903/2010 to the fresh students. .....
Tag this Judgment!Court : Madhya Pradesh
..... in the said decision provisions of the chhattisgarh niji kshetra vishwavidhyalaya (sthapana aur viniyaman) sanshodhan adhiniyam, 2004 were held to be ultra vires the constitution on various grounds. ..... pradesh bhoj (open) university adhiniyam, 1991 for the purpose of encouraging open universities and distance education systems within the state and, therefore, the said university falls within the framework of section 4 of the ignot act for the purposes of coordination of distance education systems and accordingly regulated by answering respondents and further in view of the apex court's judgments the said university cannot have any off-campus centre outside the territorial jurisdiction of the state of madhya pradesh under its auspices.26. ..... by the said decision the government of tamil nadu, after careful consideration, has directed all the universities within the state of tamil nadu that m.phil and ph.d courses should not be offered through distance education from the academic year 2007-08, inspite of which the petitioners 19 w.p no.9903/2010 have been awarded m.phil and ph.d marksheets by the madurai kamraj univestity, chennai and the vinayaka missions university, salem in 2008, 2009 and 2010.18. ..... , mba, bba, bca courses are three years and the admission given in the earlier session 2005-2006 in the above courses will be completed in the year 2008 and, therefore, no admission would be given 15 w.p no.9903/2010 to the fresh students. .....
Tag this Judgment!Court : Chhattisgarh
..... the certificate issued by the chhattisgarh board of secondary education was recognized for the purpose of equalization. ..... (c) no.1499/2011, which was decided by order dated 9-5-2011 and directed the respondent chhattisgarh board to permit the petitioner for her admission to the course and participate in class 12th examination. ..... state of chhattisgarh and others and other connected matters has considered the issue asto whether the respondent no.2 may be directed to recognize the class 10th examination certificate issued by the delhi board. ..... in the context of ncte act, 'affiliation' enables and permits an institution to send its students to participate in the public examinations conducted by the examining body and secure the qualification in the nature of degrees, diplomas, certificates. ..... after the enactment of ncte act, the functions of ncte as 'recognising authority' and the examining bodies as 'affiliating authorities' became crystallized, though their functions overlap on several issues. ..... prior to ncte act, in the absence of an apex body to plan and co- ordinate development of teacher education system, respective regulation and proper maintenance of the norms and standards in the teacher education system, including grant of 'recognition' were largely exercised by the state government and universities/boards. ..... ncte act recognizes the role of examining bodies in their sphere of activity."11. .....
Tag this Judgment!Court : Madhya Pradesh
..... union of india) are allowed and provisions of section 5 and 6 of the chhattisgarh niji kshetra vishwavidyalaya (sthapana aur viniyaman) adhiniyam, 2002 are declared to be ultra vires and are struck down. ..... & ors.2 state of chhattisgarh as well as the creation of a private university by an act of the state government of chhattisgarh was challenged before the supreme court in the case of prof. ..... (2005) 5 scc420 wherein the act of the state of chhattisgarh was declared ultra vires. ..... as a consequence of such declaration, all notifications issued by the state government in the gazette in the purported exercise of power under section 5 of the aforesaid act notifying the universities (including respondent nos.3 to94) are quashed and such universities shall cease to exist. ..... as a consequence of the discussion made and the findings recorded that the provisions of sections 5 and 6 of the act are ultra vires and the gazette notifications notifying the universities are liable to be quashed, all such universities shall cease to exist. ..... we are issuing this direction keeping in mind the interest of the students and also sections 33 and 34 of the act, which contemplate dissolution of the sponsoring body and liquidation of a university whereunder responsibility has to be assumed by the state government. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2424; 2006(4)WLC515
..... the universities so established must serve the twin purpose of educating its members and advancing the frontiers of education and also provide the highest level of social and intellectual life to its members.the chhatisgarh niji kshetra vish- the rajasthan private universitieswavidhyalaya (sthapana aur vlnl- act, 2005:yamon) sanshodhan aditiniyam 2004:preamble: for establishment and incorporation of private universities.establishment of self financed private 2(v): 'statutes', 'ordinances ..... than buildings referred to infreedom to make rules for admissions, clause (iii) above) whorth rupes 20 lacssubject to reservation policy of the gov- of as per the norms of regulating podies,ernment in state of chhattisgarh with whichever is higher, and giveregard to admissions of students be- five years equipments, computers,longing to scheduled tribes, scheduled furniture, other mobile and immobilecastes and other weaker sections of so- assets and infrastructure facilitiesciety, ..... decide course contents, method (other than buildings referred to inof teaching and the evaluation of stu- clause (iii) above) worth not less thandents and matters connected thereto; rupees- one crore or as per the norms of(c) to .....
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