Judgment Search Results Home > Cases Phrase: the maharashtra educational institutions transfer of management act 1971 Page 1 of about 856 results (0.212 seconds)

Jeejau Shikshan Sanstha Vs. State of Maharashtra and ors.

Court : Mumbai Nagpur

..... . at this juncture, we notice the provisions of the maharashtra education institutions (transfer of management), act, 1971, providing for modalities and transparency in the matter of transfer of school having regard to the principles of natural justice ..... . keeping in mind the said approach, one has to turn to the provisions of the maharashtra education institutions (transfer of management) act, 1971 and sections 3 and 4 thereof which read thus:3 ..... (b) the transfer of management could have been made only in accordance with the provisions of maharashtra educational institutions transfer of management act, 1971 and rules framed thereunder. ..... . maharashtra educational institutions (management) act, 1976, which was brought into force for taking over of management and appointing 'administrator' on the school also provides for modalities, transparency and compliance with principles of natural justice.22 .....

Rai University Vs. State of Chhattisgarh and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3859; JT2005(8)SC163; (2005)7SCC330

..... of 2005, it is not possible to grant the first prayer regarding affiliation with a university in chhattisgarh.21.learned counsel has submitted that there are two enactments, namely, maharashtra educational institutions (transfer of management) act, 1971 and maharashtra educational institutions (management) act, 1976, which empower the state government to appoint administrator over an educational institution and having regard to the fact that rai university has ceased to exist, some direction should be issued to the government of maharashtra to protect the interest of the students. ..... of 1973), an interim institution will be admitted to the privileges of the esu on the basis of the territorial jurisdiction of esu for affiliation, as specified in second schedule of the above said act on application of the sponsoring body of the interim institution and the same shall be withdrawn thereof in the manner in the paras mentioned hereinafter.'4. ..... 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 for instruction through correspondence nothing contained in this section shall be construed to debar the university from admitting to such course of instructions students residing outside the aforesaid limits.provided also that for imparting oriental sanskrit education any sanskrit college imparting oriental sanskrit .....

Sudhakar S/O Vinayak Karegaonkar Vs. the State of Maharashtra and Othe ...

Court : Mumbai

Reported in : 2000(4)BomCR113

..... in its written statement filed before the school tribunal opposing the appeal of the employee on the grounds of its tenability the respondent management did not state that (a) the non-teaching employees working in the office were not transferable to any of its educational institutions, either a college or a school, (b) that the service conditions of such non-teaching staff in the office of the society were governed by a separate set of rules and not bythe terms and conditions as were applicable to the employees in the schools under the provisions of the m.e.p.s. ..... act, empowers the tribunal to recommend to the state government that any dues directed by it be paid to the employee by deducting from the grants due and payable to such a management running the educational institutions. ..... the petitioner who was working as a peon under an educational society has approached this court seeking a mandamus against his employer society to implement the order passed by the school tribunal under section 11 of the maharashtra employees of private schools (conditions of service) regulation act, 1977 (for short the m.e.p.s. ..... act, the maharashtra universities act, 1994 or under the industrial disputes act or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. .....

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

Court : Chennai

Reported in : 2008(1)CTC644; (2008)3MLJ325

..... neither can directions be issued (1) to state governments concerned (of chhattisgarh and andhra pradesh) to ensure affiliation of students studying in such institutions, nor (2) to university concerned having territorial jurisdiction in the area in which the institutes concerned are situate, to affiliate such institutes, nor (3) to state government of maharashtra to appoint an administrator under maharashtra educational institutions (transfer of management) act 1976 (13 of 1976) such institution(s) situate in maharashtra and it is for the institutions to make appropriate applications to the university/state government concerned, and also dismissing the application regarding 5 year law course in paras 23 and 24 held as follows:23. ..... : andhra pradesh (telungana area) public societies registration act, 1350f; institute of chartered financial analyst india university, tripura act, 2004; institute of chartered financial analysts of india university sikkim act, 2004; institute of chartered financial analysts of india university act, 2005; university grants commission act, 1956 - sections 2, 5, 6 and 22; maharashtra educational institutions (transfer of management) act, 1976; all india council for technical education act; national council for teacher education act; bar council of india act; private universities act; companies act, 1956 - section 25; constitution of india - article 246; university grants commission (establishment .....

Vibgyor High School Vs. State of Maharashtra and ors.

Court : Mumbai

..... the state government has authority to regulate tuition / term fees in private unaided schools, including unaided minority schools, if the same were resorting to commercialisation and profiteering by virtue of provisions of the maharashtra educational institutions (prohibition of capitation fee) act, 1987 (hereinafter referred to as "the capitation fee act"). ..... the same time, however, by virtue of section 6 of the act, the deputy director of education and officer not below that rank specially authorised by the state government in that behalf has the power to enter upon the premises of the educational institution or any premises thereof or any premises belonging to the management of such institution in relation to such institution, if he has reason to believe that some contravention of the provision of the act of 1987 or the rules made thereunder has been committed by the institution ..... the deputy director, in exercise of his powers under section 6 of the act, therefore, would be competent to enquire into the acts of commission and omission of the educational institution or its management, resulting in contravention of the provisions of the act ..... sub-section (5) of section 4 obligates the educational institution or management to issue an official receipt for the fees or deposits or any other amounts collected for any purpose ..... : * parents who intend to transfer or apply for a leaving certificate are requested to meet the front office manager and submit a leaving certification application .....

Ashok Shikshan Sanstha and Others Vs. S.N. Dutonde and Others

Court : Mumbai Nagpur

..... the imposition of an administrator to take over the reins of administration for an indefinite period of time would undoubtedly amount to interference with the right of administering and managing a private educational institution which is now recognized to be a part of the fundamental right under article 19(1)(g) as held by this court ..... apex court was not evaluating the hostile claims of rival groups to the management of an educational institute or a trust or a ..... apex court directed the present nominee of the administrator, namely, the joint director of technical education to oversee the running of the institution and give necessary instructions to the management in the interests of creating a proper academic atmosphere in the campus, while keeping in view the financial position and the obligations to be discharged by the management to maintain necessary ..... education act or the university act permitting the authorities to take over the management of the institution ..... court finds that if by reason of the provisions of the said act or the 1960 order, the jurisdiction of the assistant charity commissioner, bombay was confined only to the properties situate within the state of maharashtra, having regard to the doctrine of lexsitus, the said authority could not have assumed jurisdiction over the entire trust. ..... in the circumstances, the jurisdiction under article 226 could not have been exercised by the high court to oust the private management and transfer the management to a court-appointed .....

Maharashtra State Electricity Distribution Co. Ltd Vs. Maharashtra Ele ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... i) creation of separate category for government owned and managed hospitals and education institution: the appellant in its petition had proposed to introduce a new consumer sub-category within low tension/high tension non-domestic (commercial) category consisting of all government owned and operated educational institutions including higher educational institutes but excluding government aided educational institutes. ..... according to the appellant, deduction of security deposit amount from the working capital is wrong as the security deposits as reflecting in the books of accounts of the appellant is only notional amount, since such amount though reflects in the balance sheet in the transfer scheme, the same was never actually received from the erstwhile maharashtra state electricity board. ..... and maintenance expenses for such financial year; plus (b) one-twelfth of the sum of the book value of stores, materials and supplies including fuel on hand at the end of each month of such financial year; plus (c) two months equivalent of the expected revenue from sale of electricity at the prevailing tariffs; minus (d) amount held as security deposits under clause (a) and clause (b) of sub-section (1) of section 47 of the act from consumers and distribution system users; minus (e) one month equivalent of cost .....

Rajendra Waman Rajemane Vs. Phaltan Education Society and Others

Court : Mumbai

..... the respondent no.1-management has established and administers the following three educational institutions: (a) kiraksal high school, satara; (b) shrimant byhayyasaheb rajemane college, mhaswadi (rajemane college); and (c) mudhoji college, phaltan (mudhoji college). 3. ..... the management council shall thereafter afford opportunity of hearing to all the affected parties, including the petitioner and thereafter take appropriate decision in the matter under section 57(2) of the said act; (e) the respondent no.1 is directed to reinstate the petitioner to the post of head clerk at rajemane college or in any other institutions administered by respondent no.1, within a period of six weeks from today; (f) the respondent no.1 is directed to pay to the petitioner back-wages for a period of two years in the scale of head clerk within a period of six weeks from today. ..... the grievances committee, in terms of section 57 of the maharashtra universities act, 1994 (said act) made an order dated 17 june 2008 finding faults with the promotion of the petitioner to the post of office superintendent and the consequent non promotion of respondent nos.4 and 5 to the said posts. ..... finally, in december 2005, the petitioner was once again transferred on promotion to the post of office superintendent at mudhoji college. ..... in june 1997, the petitioner was transferred on promotion to rajemane college as head clerk. .....

Mahesh S/O Yeshwantrao Tickely and anr. Vs. Principal, Institute of Ph ...

Court : Mumbai

Reported in : 1988(2)BomCR266; 1988MhLJ623

..... 9 of the resolution of the government of maharashtra, education and employment department, dated 21st may, 1983, which prohibits the transfer of a student from one institute to another.2. ..... it appears to us that clause 9 of the impugned resolution is only a corollary to the concessions extended to the new non-aided institutions as it enabled them to charge higher fees and retain the students who had secured admissions, throughout the duration of the course, without which it would not be possible for the private managements to run their institutions. ..... with regard to clause 9 of the impugned resolution, we are satisfied that it is not violative of article 14 of the constitution, that it being a part of a whole scheme, cannot be separated and the scheme itself, together with clause 9, cannot, in any way, be regarded as opposed to the public policy as envisaged by section 23 of the contract act either.13. ..... part ii course by acting on the letter annexure-g to the petition.4. .....

Rustom Kerawalla Foundation Vs. State of Maharashtra .

Court : Supreme Court of India

..... the maharashtra educational institutions (prohibition of capitation fee) act, 1987 (hereinafter referred to as the act) prohibits collection of capitation fee for admission of students to, and prosecution of any course of study, or for promotion to a higher standard or ..... the management of any institution or any person who is in-charge of or is responsible for the management of such institution, has contravened the provisions of this act or the rules made thereunder, the state government may, in addition to any prosecution that may be instituted under 4 this act, after giving a reasonable opportunity of being heard, direct such institution or person responsible that the capitation fee collected in contravention of this act shall be refunded to the person from whom it was collected and on its or his failure to do so, the amount together with interest thereon shall (a) (b) in the case of an aided educational institution ..... lastly, since transfer petitions were not heard on merits, we discharge the notice issued in transfer petitions and request the high court to deal with the pending writ ..... it was also submitted that the appellants would argue the issues regarding constitutional validity of certain provisions in the high court in pending writ petitions and they would not press for transfer of those petitions to this court. 21 ..... respondents with civil appeal no.3698 of2017with transfer petition (civil) no.89/2013 with transfer petition (civil) no.90/2013 judgment uday umesh lalit, .....