Court : Chennai
Reported in : AIR1952Mad151; (1951)2MLJ568
..... from the aforesaid rules and the clauses of the scheme that the pachiappa's college is a public institution, that the principal and the college council in discharge of their duties are governed by the madras educational rules, by the disciplinary regulations issued by the university and by the clauses of the scheme framed by the high ..... order be made by some person whose property, franchise or personal right would be injured by the forbearing or doing (as the case may be) of the paid specific act;(b) that such doing or forbearing is, under the law for the time being in force, clearly incumbent on such person or court in his or its public character or on such corporation in its corporated character;(c) that in the opinion of the high court suchdoing or forbearing is consonant to right andjustice;(d) that the applicant has no other specific andadequate legal ..... under clause 4 (a) the executive management of the college and of the high school attached thereto shall subject to the general control of the board of trustees be vested in the principal of pachiappa's college ..... 45 reads as follows: ''any of the high courts of judicature at calcutta, madras and bombay may make an order requiring any specific act to be done or forborne, within the local limits of its ordinary original civil jurisdiction by any person holding a public office, whether of a permanent or a temporary nature, or by any corporation or inferior ..... in 1949 he had been expelled from the hostel attached to the pachiappa's .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All298
..... the second plaintiff, if he is in effective control as asserted by him does not need any interim protection as the authorities under the intermediate education act and the regulations are bound to deal with him, but if the authorities that be, are satisfied that it is the newly elected office-bearers who are in effective control and deal with them, this court ought not to interfere as the educational authorities are not parties to this suit and that will also be one of the reasons that the court should not grant an interim ..... code against a revisional order passed by the additional district judge, meerut, refusing the grant of a temporary injunction restraining the defendants opposite parties from interfering with the functioning of bhagwat prasad as the manager of the marwari intermediate college run by the marwari sabha pilakhwa pending their suit for a permanent injunction in the court of the munsif ghazia-bad.2. ..... the learned munsif on 15-5-1971, the day on which the suit was instituted, passed an ex parte order to the effect that in the meantime the parties shall maintain status quo in respect of the management. ..... the second plaintiff in this suit is not seeking vindication of any of his personal rights to any tangible property which will be harmed unless the court steps in to protect bhagwat prasad against that injury. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All70
..... but it is always difficult to balance all these considerations on the facts and circumstances of each case, especially in suits for gaining control of the management and administration of educational institutions where the personal interest of the parties in some tangible property does not come up for adjudication before the court and at the same time the interest of many other persons not party to the suit are vitally affected. ..... i have on previous occasions in case of this nature given expression to an opinion that a strict adherence to the settled principles for grant of interim injunction some times may not in the matters of management of educational institutions meet the requirements of the situation. ..... lal seems to be an indirect victim of these factional fights which fact is borne out by the intervention of the district inspector of schools and the protest by the students.it is no doubt the law that before a plaintiff is entitled to a temporary injunction he should establish a prima facie case, the irreparable injury apprehended and the balance of convenience in his favour. ..... i think he should continue effectively to remain in the office of the principal and administer the institution as a principal confined to his duties under the intermediate education act and the regulations made thereunder. ..... lal, if the district inspector of schools so desires, will act as the secretary of the advisory committee.6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC379; 1980LabIC211; (1980)3SCC97; [1980]1SCR1026; 1980(12)LC282(SC)
..... but whereas for the b wing teachers, the rules, framed under the district board act stipulates that for the post of school assistant in a secondary school, a candidate must possess the qualifications laid down under the madras educational rules (the rule relating to the appointment of teachers in schools maintained by local ..... under the madras educational rules one must possess a degree in b.a.or ..... dated 16th may 1970, which organised the absorption of the teaching and non-teaching staff into government service from the district board service, government decided to keep the personnel so absorbed as, a separate service in the education department named the tamil nadu educational subordinate service. ..... on the contrary, counsel for the petitioners pressed before us that when panchayat schools were dovetailed into the education department of the district boards the teachers and the non-teaching staff, thereunder were given no credit for panchayat service and seniority was reckoned only from the date of entry into district board ..... we predicate mala fides or ulterior motive merely because assembly interpellations have ignited re-thinking or, as hinted by counsel, that the education minister's sensitivity is due to his having been once district board teacher. ..... policy, is not static but is dynamic and what weighed with the government when panchayat institutions were amalgamated with the district board institutions might have been given up in the light of experience or changed circumstances. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC311; 1987LabIC427; 1987MhLJ1(SC); 1986(2)SCALE805; (1986)4SCC707; [1987]1SCR238
..... dealing with the right of the management of a minority educational institution to exercise disciplinary control over the teachers, he observed: although disciplinary control over the teachers of a minority educational institution would be with the governing council, regulations, in my opinion, can be made for ensuring proper conditions of service of the teachers and for securing a fair procedure in the matter of disciplinary action against the teachers. ..... we, therefore, hold that section 10 of the delhi education act which requires that the scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognised private school shall not be less than those of the employees of the corresponding status in schools run by the appropriate authority and which further prescribes the procedure for enforcement of the requirement is a permissible regulation aimed at attracting competent staff and consequently at the excellence of the educational institution. ..... such an institution will, of course, be subject to the general laws of the land like the law of taxation, law relating to sanitation, transfer of property, or registration of documents, etc. ..... ' chapter iii deals with school property. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT335
..... recognised private educational institutions (control) act (act 11 of 1975) which required the management to obtain prior approval of the competent authority if retrenchment of a teacher is rendered necessary by any order of the government relating to education or courts of instruction or any other matter. ..... it may also be seen that the order of appointment, though temporary in nature, did not contain a condition that such temporary appointment was terminable, if the petitioner was not selected for regular appointment in the absence of such a condition, and if no regular appointment was made to the post which the petitioner was holding, his temporary appointment would continue until validly terminated. ..... section 28 imposes restriction on alienation of property of private institutions and section 31 deals with inspection of educational institutions. ..... section 27 obligates the manager to hand over properties, records, etc. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1994Cal122
..... if there is nolegislative enactment controlling the madra- sah education in west bengal then how themanagement rules and the election proce-dures of the west bengal board of secondaryeduction can be picked up and implementedin the west bengal madrasah education system. ..... the statutory law relating to primary education in bengal actually started with the bengal (rural) primary education act, 1930 and thereafter the west bengal urban primary education act, 1963 and then the west bengal (rural) primary education (temporary provisions) act, 1969 and finally it rests with the west bengal primary eduction act, 1973 with rules and regulations made thereunder. ..... 1(mc)/1981 dated 16th september, 1981 it is notified by the secretary of the west bengal madrasah education board that the rules for the management of non-government institutions (aided and unaided), 1969 with all amendments would be applicable to the madrasahs in terms of the west bengalmadrasah education board's resolutionadopted at its meeting held on 9th september,1981. ..... much substance has been made of article 258(1) but the supreme court has made it abundantly clear that under clause (1) of this article only executive functions of the union or of the president may be delegated, not judicial or legislative functions of the union, such as the power of compulsory acquisition of property specified in article 298. ..... all the movable properties of the calcutta madrasah were removed to dacca in east pakistan. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR149
..... but it is always difficult to balance all these considerations on the facts and circumstance of each case, especially in suits for gaining control of the management and administration of educational institutions where the personal interest of the parties in some tangible property does not come up for adjudication before the court and at the same time the interest of many other persons not party to the suit are vitally affected. ..... i have on previous occasions in case of this nature given expression to an opinion that a strict adherence to the settled principles for grant of interim injunction some times may not in the matters of management of educational institutions meet the requirements of the situation. ..... the court found that the borrower was not entitled to perpetual injunction under the provisions of section 38 of the specific relief act, 1963 nor was he entitled to the temporary injunction to the said effect under order 39 rule 1 as there was no property in dispute in the suit nor could such injunction be granted under order 39 rule 2 of the code of civil procedure. ..... j.s.ramamoorthy, air 1992 madras 197 this decision is in respect of a suit filed to declare that the notice demanding repayment of loan advanced on pronote was illegal and for the consequential relief of permanent injunction from giving effect to the notice. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1995(3)SC136; 1995(2)SCALE401; (1995)4SCC104; (1995)2UPLBEC937
..... for starting new technical institutions or introducing new courses or programmes, to lay down norms or granting autonomy to technical institutions, providing guidelines for admission of students, inspecting or causing to inspect colleges, for withholding or discontinuing of grants in respect of courses and programmes, declaring institutions at various levels and types fit to receive grants, advising the commission constituted under the act for declaring technical educational institutions as deemed universities, setting ..... the commencement of the constitution within the meaning of article 372 of the constitution, as the madras university act, 1923, on the enactment of the present central act, the provisions of the said law if repugnant to the provisions of the central act would stand impliedly repealed to the ..... 18 which was mentioned in the university's letter dated 21st november, 1987 while granting initial temporary affiliation was beyond the jurisdiction of the university since after the coming into operation of the central act, the concurrence of the then council [the predecessor of the present council] which was a non-statutory body and which ceased to ..... bench of this court was called upon to decide whether the university was authorised under the gujarat university act, 1949 to prescribe gujarathi or hindi or both as exclusive medium or media of instruction or for examination and whether the legislation authorising the university to impose such me.dia was constitutionally valid in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD639
..... to the central act and the madras university act, the supreme court held that in case of institutions imparting technical education, it is not the university, act and the university, but it is the central act and the council created under it which will have the jurisdiction to that extent after coming into operation of the central act the provisions of the university act, ..... the primary object of the central act, as discussed earlier, is to provide for the establishment of an all india council for technical education with a view, among others, to plan and coordinate the development of technical education system throughout the country and to promote the qualitative improvement of such education and to regulate and property maintain the norms and standards in the technical education system which is a subject within the exclusive legislative field of the central government as is clear from entry 66 of the union list in the ..... establishment of educational institutions, their administration and control section 18 confers powers on the state government to provide adequate facilities for imparting general, technical, special and teacher education in the state by either itself establishing and maintaining educational institutions and/or permitting any local authority or a private body of persons to establish educational institutions and maintain them according to such specifications as may be prescribed by the state government ..... the trust applied to the university for affiliation and temporary .....
Tag this Judgment!