Court : Rajasthan
Reported in : RLW2005(3)Raj1700; 2005(1)WLC387
..... ram lubhaya bagga, air 1998 sc 1703, tamil nadu education department ministerial and general subordinate services association and ors. v. ..... this position emerges from reading of section 3 of the ugc act, which is as follows:-'the central government may, on the advice of the commission, declare, by notification in the official gazette, that any institution for higher education, other than a university, shall be deemed recognized to be a university for the purpose of this act and, on such a declaration being made, all the provisions of this act shall apply to such institution as if it were a university within the meaning of clause (f) of section 2.'25. ..... state of bihar 1994 (4) scc 401, and post graduate institute of medical education & research v. k.l. ..... (1994) 4 scc 401, and post graduate institute of medical education & research, chandigarh and ors. v. k.l. ..... the fixing of a rigid fee structure, dictating the formation and composition of a governing body, compulsory nomination of teachers and staff for appointment or nominating students for admissions would be unacceptable restrictions.'48. ..... state of bihar (1994) 4 scc 401, this court, relying on nivedita jain, (1981) 4 scc 296, said that everybody has to take the same postgraduate examination to qualify for a postgraduate degree. .....
Tag this Judgment!Court : Chennai
Reported in : 2004(1)CTC1; (2004)1MLJ374
..... they rely upon the definition of 'technical education' in section 2(g) of the all india council for technical education act, 1987 (aicte act) and the definition of 'technical institution' in section 2(h) of that act.2. ..... the regulations framed pursuant to section 10(1)(k) of the act, titled 'all india council for technical education (grant of approval for starting new technical institutions, introduction of courses or programmes and approval of intake capacity of seats for the courses or programmes) regulations, 1994', has prescribed form ii, which is in terms of regulation 5(2)(b) which reads: 'an application for approval of degree level institution functioning on the date of commencement of these regulations shall be made in form ii'. ..... even if it were possible to entertain any doubt with regard to the scope of the term 'technical', one must accept the view of an expert body like the aicte with regard to what is technical, and falls within the purview of it's jurisdiction, the council having been entrusted with the responsibility of ensuring the co-ordinated development of technical education system and promoting the qualitative improvement therein.16. ..... within the state of tamil nadu the number of institutions who have received such approval is 208. ..... in all 208 institutions in the state of tamil nadu offering these courses have received the approval of the aicte.30. .....
Tag this Judgment!Court : Chennai
Reported in : 1998(3)CTC143
..... , in w.p.nos.11258 and 11259 of 1983 has held as follows:-since the special officer is appointed under tamil nadu co-operative societies (appointment of special officers) act. ..... it is a shocking state of affair that the management of an educational institution should throw to the winds the elementary principles of natural justice in dealing with its headmaster, who is at the helm of affairs on the academic side. ..... if a patent violation of the mandatory provisions of the industrial disputes act, which would constitute unfair labour practice, and alteration of conditions of service without following the procedure laid down under section 9a of the act read with the fourth schedule to the act is demonstrated to exist, the powers of this court to come to the rescue of the victimised workmen, cannot be seriously disputed. ..... in chemplast sanmar limited case, w.a.nos.848 and 849 of 1997 in which it is held as follows:-on a careful consideration of the respective submissions of the learned counsel appearing on either side in this regard and on going through the relevant decisions which have been adverted to in the decision rendered in binny's case, 1995 (1) lln 687 we are of the view that the stand taken for the appellant that there is no monstrous situation to warrant this court's interference in exercise of its jurisdiction under article 226 ..... the special officer, salem co-operative sugar mills and 2 others 1994 w.l.r. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(4)ALD368; 2001(3)ALT366
..... services and rationalisation of staff pattern and pay structure) act 2 of 1994 for brevity, hereinafter referred to as (act no.2 of 1994) for regulating appointments and prohibiting irregular appointments in offices and establishments under the control of the stategovernment, local authorities, corporations owned and controlled by the state government and other bodies established under a law made by the legislature of the state to rationalise the staff pattern and pay structure of the employees therein and for matters connected therewith or incidental thereto ..... corporation or undertaking wholly owned or controlled by the state government; a body established under any law made by the legislature of the state whetherincorporated or not, including a university; and any other body established by the state government or by a society registered under any law relating to the registration of societies for the time being in force, and receiving fundsfrom the state government either fully or partly for its maintenance or any educational institution whether registered or not but receiving aid ..... the majority judgment came to hold that the impugned act is violative of article 31 clause (2) as the effect of the act was to transfer ownership debts due owing to class hi and class iv employees in respect of annual cash bonus to the life insurance corporation and there has been no provision for payment of any compensation for the compulsory ..... state of tamil nadu, : 1996ecr233(sc) , the same question .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... relating to payment of bonus to class iii and class iv of the employees of the corporation held as follows:'in the light of this discussion, the conclusion is inevitable that the direct effect of the impugned act was to transfer ownership of the debts due and owing to class iii and class iv employees in respect of annual cash bonus to the life insurance corporation and since the life insurance corporation is a corporation owned by the state, the impugned act was a law providing for compulsory acquisition of these debts by the state within the meaning of clause (2a) of article 31. ..... , 2000 (7) supreme 6 while rejecting a similar contention raised by the learned senior counsel appearing for the government of tamil nadu that it is not the province of the court to issue a mandamus to promote the appellant to the super-time scale nor to assess his grading, their lordships observed in paragraph (84) as follows:'we may, however, point out that it is not as if there are no exceptions to this general principle. ..... 25-04-1994 stating that no arrears would be paid to the educational institutions which were admitted to grant-in-aid under g.o.ms.no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD179; 2000(1)ALT666
..... the university grants commission act, 1956, indian medical council act, 1956, the indian veterinary council act, 1984, the indian medicine central council act, 1970 and all india council for technical education act, 1987 are some of the parliamentary enactments referable to entries 65 and 66 of list i and entry 11 of list ii or entry 25 of list iii of seventh schedule to the constitution. ..... education act insofar the same empowers the state to decide the location of the private college trenches and encroaches upon the provisions of the aicte act and, therefore, repugnant to the central act. ..... in this connection, it is useful to refer to the dicta of the supreme court in state of tamil nadu v. ..... state of bihar, : [1994]3scr57 , wherein it was held that entry 66 in list i does not take in the selection of candidates for regulation of admission to institutions of higher education because standards come into picture after admissions are made.36. in dr. ..... but at the same time, it may not be mandatory or compulsory for the universities to accord affiliation wherever the approval is accorded by the council. ..... no.476(e) dated 20-5-1994 based on the judgment of the hon'ble supreme court in unnikrishian's case (supra). .....
Tag this Judgment!Court : Allahabad
Reported in : (2002)2UPLBEC1327
..... (b) to, issue a writ, order or direction in the nature of mandamus commanding the' respondents to declare the proceedings initiated inpursuance of the advertisement dated 14.8.2001 for consideration for appointment of assistant teacher in various institutions run and managed by the basic shiksha parishad as ultra-virus to the constitution of india and the provisions of the basic education act, 1972 and rule and framed thereunder, particularly, u.p. ..... basic education act, 1972, (hereinafter shall be referred to as 'act of 1972') as would be clear from the title of the act, regulates the recruitment, appointment and conditions of service of the teachers for filling up in the basic primary school where they are situated, either in the rural area, or in the urban area. ..... . public services (reservation for sc/st and other backward classes) act, 1994 and also contrary to the constitution, as stated above as laid %down by apex court in the case of indira sawhney (supra). 27 ..... . it is elementary that in a republic governed by the rule of law, no one, howsoever high or low, is above the law .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)AWC824; 2005(1)ESC713
..... hence for recognizing, reforming and expanding elementary education it became necessary for the state government to take over its control into its own ..... the state government enacted the uttar pradesh basic education act, 1972 (hereinafter referred to as 'the act ..... 23192 of 1998 by which the writ petition was allowed and the approval granted by the district basic education officer, meerut to the appointment of sanjay kumar tyagi, the appellant in the present special appeal was quashed and a direction was issued to hold a fresh selection for appointment to the post of headmaster in the adarsh janta junior high school, krishna nagar, ganga khadar, hastinapur, meerut (hereinafter referred to as 'the junior high school') in accordance with the provisions of the uttar pradesh recognised basic schools ..... to four such training courses which are specifically confined to specialised training for imparting education to small children and if we interpret it in such a manner then the question whether the four certificates referred to in rule 4 (1) of the 1978 rules are exhaustive or illustrative may not assume much significance since even if it is held that they are merely illustrative then too we are of the opinion that only such other certificates can be taken into consideration which relate to ..... 19 of the act provides that the state government may make rules for carrying out the purposes of the act.5, there are basically two sets of junior high schools in the state of ..... , 1994 supp (1) scc .....
Tag this Judgment!Court : Mumbai Nagpur
..... in terms of section 81 of the maharashtra university act, 1994, the management has to comply with the provisions of the statutes and ordinances once they are granted recognition or affiliation, and therefore, it was the stand of the university that the services of the appellants could not have been terminated without seeking prior permission of the university as postulated under statute 53(5) of the statutes. 11. ..... . as the regulation 2000 of the university grants commission issued under the notification of 4.4.2000 the educational qualifications are ..... . the relevant portion of the said government resolution reads as follows :- "university grants commission has made it compulsory to have passed the necessary qualifying examination (net/set examination) for being appointed to the post of lecturer in the universities and colleges affiliated ..... . the said government resolution dated 18/10/2001 reads as under :- "introduction the university grants commission has issued a notification on 19.9.1991 whereby prescribing the qualifications for appointment to the post of lecturers in subjects of arts, science, commerce, law, education, sociology, physical education and foreign languages, whether in government or non- ..... . the university grants commission by its regulation 2000 issued under the notification dated 4.4.2000 has included the above educational ..... (b) he must have also passed the national education test (n.e.t ..... for the session education kumar thakur 1996-97 only against .....
Tag this Judgment!Court : Mumbai
..... in terms of section 81 of the maharashtra university act, 1994, the management has to comply with the provisions of the statutes and ordinances once they are granted recognition or affiliation, and therefore, it was the stand of the university that the services of the appellants could not have been terminated without seeking prior permission of the university as postulated under statute 53(5) of the statutes. 11. ..... . as the regulation 2000 of the university grants commission issued under the notification of 4.4.2000 the educational qualifications are ..... . the relevant portion of the said government resolution reads as follows :- "university grants commission has made it compulsory to have passed the necessary qualifying examination (net/set examination) for being appointed to the post of lecturer in the universities and colleges affiliated ..... . the said government resolution dated 18/10/2001 reads as under :- "introduction the university grants commission has issued a notification on 19.9.1991 whereby prescribing the qualifications for appointment to the post of lecturers in subjects of arts, science, commerce, law, education, sociology, physical education and foreign languages, whether in government or non- ..... . the university grants commission by its regulation 2000 issued under the notification dated 4.4.2000 has included the above educational ..... (b) he must have also passed the national education test (n.e.t ..... for the session education kumar thakur 1996-97 only against .....
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