Court : Patna
..... 1 is a registered society registered under the societies registration act with an object inter alia to develop, uplift and promote the educational standard of rural areas so that they may be well equipped to serve their family members and the society in general. ..... the learned single judge has allowed the claim of the writ petitioner-respondents on the ground that once the central act has been enacted the state act with regard to the recognition being inconsistent becomes void and as such the recognition by the state government was not a valid requirement and without that the council has to consider the case of the writ petitioner- respondents and in that connection he has relied upon the three judgments of the supreme court i. e. ..... the learned counsel for the writ petitioners-respondents on the other hand supported the judgment of the learned single judge and submitted that the council has to consider the matter in terms of the act and the state has no role to play and accordingly the insistence to procure no objection certificate from the state government is not a valid ground.9. ..... learned counsel appearing for the council appellant has submitted that the learned single judge, has failed to take note of the fact that in terms of the regulations under the act no objection certificate is required before considering the grant of affiliation and the requirement of no objection certificate is not under any state act and as the petitioner-respondent no. .....
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..... an institution registered under the societies registration act 1860 as such not a ..... which is a society registered under societies registration act is also not ..... initially the divisional commissioner was vested with the power of appointment but subsequently the state government realized and considered that the lady extension officers have to work under the district magistrate under various blocks as such the district magistrates were delegated with the power to issue appointment letters on the basis of recommendation made by the selection committee headed by the divisional ..... as per the circular/guideline the expenditure incurred on the posts was to be made under the budgetary head 314 society development-ga-village construction ..... 1996 vide order dated 1.7.1998 this hon'ble court had directed the respondents to decide the cadre and service conditions of lady extension officers, no such step was taken by the respondents and without deciding their cadre and service condition, the impugned orders has been issued, transferring the petitioners from their present place of posting. ..... they appeared in the interview before the selection committee constituted under the chairmanship of the divisional commissioner and appointed by the district magistrate on recommendation of the selection committee against sanctioned posts on substantive basis by the rural development department, government of bihar for which budgetary allocation was ..... 2000 and 1839 of 2005 resolved vide memo no. ..... 2000 and 1839 of 2005. .....
Tag this Judgment!Court : Patna
..... it is also found from the record that initially the institute was under the administrative control of the government of bihar but by the order of the ministry of human resources, department of culture, it became an autonomous organisation under the societies registration act headed by his excellency the governor of bihar. ..... 936 dated 4.12.1990 (annexure-6).8.14.2.1992.terms and conditions were proposed by the government of bihar in regard to service conditions of the staff and officers as also financial implications (annexure 7).9.17.11.1993a letter was sent by the state government, bihar, to the government of india, regarding issuance of authority to sign the memorandum of association on behalf of the state government (annexure-8).10.7.12.1993resolution was issued by the culture department of ministry of human resource development regarding composition of the society (annexure-9). ..... instead, there should have been regular interview so that the petitioner could have explained the entire situation;(iii) the said 'personal talk' was not organized by the board which was competent to do so;(iv) the appointment to such a post has been wrongly made by the ministry of human resources development, department of culture, government of india as it ought to have been made by the board of management of the institute; and(v) the whole selection process right from inception till conclusion shall stand vitiated as it was not ..... by order dated 6.1.2005. .....
Tag this Judgment!Court : Patna
..... 2200-4050/- in the state institute of education technology which is a registered society under the societies registration act fully financed by the ministry of human resources, government of india. ..... it is in this context when there was a revision in the scale and new scales were given to the central government employees and officers of the registered societies managed by the government of india, the original petitioners ought to have been paid the equivalent new scale as is being paid to the central government employees.6. ..... 12268 of 2001, whereby, the prayer of the original petitioners, respondents herein, came to be granted to the extent that their claim for equivalent scale in view of the fitment committee report, as well as, the new scale paid to the central government employees is justified.4. ..... after having heard learned counsels appearing for the parties and considering the facts and circumstances, as well as, the grounds stated in the application for condonation of delay, we are satisfied that there was sufficient cause for not filing this letters patent appeal within time. ..... the government of india has financial, administrative and pervasive control in so far as the said society is concerned.5. ..... in so far as the merits of the letters patent appeal is concerned, it is directed against the judgment of the learned single judge dated 26.7.2005 in c.w.j.c. no. .....
Tag this Judgment!Court : Patna
..... 1 is a registered minority society of citizens of india following the budhist faith, and is registered under the provisions of the societies registration act 1860, in the year 1979. ..... no authority registered under the society registration act, 1860 could open any medical institution without prior permission of the state government. ..... it was in this connection that the learned counsel appearing on behalf of the appellants referred to the provisions of the amendments incorporated in the dentist act 1948, by virtue of the dentist (amendment) act, 1993, and stated that the petitioners would have to fulfill the stipulations arising by reason of the said amendment for consideration of their case for affiliation and recognition. ..... the learned single judge by the impugned judgment and order dated 26.2.1998 (annexure-14 to the appeal) allowed the writ petition with the direction to the authorities to consider the case of the petitioner for permission/recognition by the dental council of india/government of india in terms of the dentist act, 1948 without taking note of the amendment act, 1993. ..... in response to the contentions advanced by the appellants herein with regard to the stipulations provided under the bihar medical education institution (regulation and control) act, 1981 (hereinafter referred to as the act 23 of 1982), it was submitted that section 7 of the said act deals with applicability and outlines the institutions which would be covered under the said act. .....
Tag this Judgment!Court : Patna
..... established for imparting education to the children from age group of 2 to 6 years but the terms and conditions have been utterly violated by the petitioner and they are imparting education up to 10th class of the higher age group and the further stand has been taken that they have not complied with the other conditions in their memorandum of association under the societies registration act regarding the provisions of various other facilities and on the other hand are running the school on a commercial basis by charging ..... 1681 dated 3.11.2005 (annexure-11) issued under the signature of the joint secretary, revenue and land reforms department, government of bihar by which the application of the petitioner for renewal of its lease has been rejected and the lease has been cancelled and the authorities have been directed to take steps for resumption of the concerned land, as also the letter bearing memo no. ..... it is urged by learned counsel that since none of the reasons have been mentioned in the impugned order dated 3.11.2005, it is not open to the respondents to add to the reasons while filing their counter affidavit in court.11. ..... so far as the order of the government is concerned, it is totally silent as to what has weighed with it for passing the impugned order dated 3.11.2005 rejecting the application for renewal and canceling the lease. ..... for all the aforesaid reasons, this court is of the view that the impugned order dated 18.7.2005 as contained in memo no. .....
Tag this Judgment!Court : Patna
..... it was not a `state, even though its managing committee was appointed by the prime minister, but the employees were not employees of the prime minister, rather of an autonomous society registered under the societies registration act. ..... here the question was with regard to the status of regional engineering college, which was registered as a society under the jandk society registration act. ..... this gave rise to a controversy whether a governmental organization registered under societies registration act stood outside the purview of article 12 of the constitution or not. ..... , but only a society registered under the appropriate societies registration act. ..... there were directions issued by the registrar, co-operative societies, bihar to the ex-officio chairman of this co-operative, who, as noted above, was the sub-divisional officer, to hold election, convene general body meeting and elect the managing committee, but it was not so done and, accordingly, the district co-operative officer, rohtas was appointed as administrator to exercise the functions of the committee of management by registrar, co-operative societies, bihar under section 41(5) of the co-operative act on or about 19.04.2001. 10. ..... 2677=2005(4) scc 649. ..... 411=(2005) 1 scc 149. ..... 2677=(2005) 4 scc 649 and fertilizer corporation kamagar union vrs. u.o.i. ..... 2005 s.c. ..... 2005 s.c. ..... 2005 s.c. .....
Tag this Judgment!Court : Patna
..... taking benefit of section 5(5) of the registration act, the writ petitioner's society was registered vide order, dated 8.4.2004. ..... vide general notice, dated 9.10.2004 (annexure 2-a) and the advertisement made in the newspaper, dated 13.10.2004 (annexure 2-b), the applications were invited for settlement of the jalkars for the period 2004-2005 only without giving any notice to the general people for the extended period up to the year 2007 the order of settlement for extended period is illegal. ..... further prayer of the petitioner is to settle the aforesaid shairat with the societies in proportion to its membership, for the year 2004-2005 or to settle it in favour of petitioner only.3. ..... 7 and one other society in proportion to their membership for the years 2005 to 2007. ..... 7 denying the allegation made by the petitioner, from annexure 2-a and 2-b to the writ application compared with order, dated 8.11.2004 (annexure 5), it is clear that general notice as well as advertisement inviting applications for settlement was only for the year 2004-2005 but so far settlement is concerned, it has been made for three years without giving any general notice to the concerned and interested persons, which in itself is a serious illegality and can not be allowed to continue.9. ..... 7 for the years 2004-2005, 2005-2006 and 2006-2007 which is also illegal. .....
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..... (amendment) act, 2005, daughter of a co-parcener has been made a co-parcener by birth in her own right in the same manner as the son but then sub-section (5) of section 6 of hindu succession act provides that nothing contained in section 6 shall apply to a partition which has been effected before the 20th day of december, 2004 and explanation appended to sub-section (5) shows that partition means any partition by execution of a deed of partition duly registered under the registration act or partition effected by the decree of ..... his two nephews, namely, sudheshwar singh and vidya singh who all three had separated before 1970 and, thereafter, deo prasad singh who was issueless made a deed of gift of his purchased share of the land on which deo bhawan is standing in favour of vidya singh by a registered deed of gift dated 3-2-1976 and, thereafter, sudheshwar singh and vidya singh sold their lands on which deo bhawan is ..... alive and husband of binda devi impressed upon deo prasad singh and ram pyare singh that instead of a deed of gift, a sale deed be executed because any family member subsequently may challenge the deed of gift, therefore, two kathas of land to binda devi was given by ram pyare singh through a sale deed but since no consideration money was realised by ram pyare singh from binda ..... 5465 of 2005 praying therein to stay the operation of the impugned order at least with ..... 5465 of 2005 when it was listed under the heading 'for hearing under order 41, rule 11 of code of .....
Tag this Judgment!Court : Patna
..... naqui imam dental college and hospital bahera, said to be a religious minority institution registered under the societies registration act, was initially filed against the dental council of india (in short, 'dental council') and the central government for a direction commanding them to hold inspection and finalise the question of approval of the institution. ..... ]2scr49 , this court, when the illequipped and mismanaged schools were taken over by an act whose : validity was challenged on the anvil of article 30 of the constitution, held that even the minority institutions are subject to statutory regulations and establishment and mainienance of such an educational institution should be in conformity with the statute and the state is entitled to regulate the establishments of the educational institutions and the admission of the students in those educational institutions, it was held that the educational institutions of the minorities have no right to mal ..... what is important and what is imperative is that there must exist some real positive index to enable the institution to be identified as an educational institution of the minorities.obviously the so-called establishment of medical college was in the nature of a financial adventure for the so-called society and its office bearers, but an educational misadventure for the students. .....
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