Court : Orissa
Reported in : AIR1988Ori106
..... the claim of the petitioners is however resisted on the ground that the requisition is incompetent and misconceived as it is in violation of different provisions of the statute of the university (for brevity, the statutes) framed under the utkal university act, 1966 and that the petitioners have no right to demand convening of a specialmeeting on such requisition.3. ..... it is urged that the power to grant affiliation to a college vests in the syndicate as per under section 17 of the utkal university act read with statute 188 and that while grant of affiliation by the syndicate is only to be approved by the senate, the refusal to grant affiliation is onlyrequired to be reported to the senate for information which shows that the syndicate is the real authority to grant affiliation. ..... acceptance of life membership under 9(1)k of the utkal university act and statute and discussion regarding the annual report were not matters on which a requisition meeting could be convened, yet there was no prohibition to convene the special meeting only for the purpose of discussing the resolution under item no. ..... acceptance of life membership under 9(1) k of the utkal university act and statute. 3. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1983Ori66
..... next we may refer to some of the relevant provisions of the utkal university act, 1966 (hereinafter referred to as the 'act') and the statutes made thereunder. ..... the petitioners who had taken the annual intermediate examination in arts of the utkal university from the kharasrota college centre, singhpur in the year 1982 have challenged the notification of the university, dated 5-6-82, annexure 6, cancelling the result of the candidates who had taken the i. a. ..... we cannot forget that this is a petition under article 226 of the constitution in which this court is not entitled to sit in appeal over the decisions of autonomous bodies like the university on matters in the academic field which under the act is exclusively the field of the university and if we are satisfied that the decision is supported by evidence, it will not be possible for us to interfere with the decisions of the executive council....... ..... on 26-3-82 the vice-chancellor of utkal university sent a telegram to opposite party no. ..... under section 4 of the act, the vice-chancellor is one of the officers of the university and the syndicate is one of the authorities of the university. ..... 68):--'............if on the basis of these reports the university council had taken the decision at its meeting of 12th may, 1978, as mentioned in sub-para (e) of para 7 of the affidavit of the registrar, in my opinion, it cannot be said that the university had acted without material or without sufficient materials. .....
Tag this Judgment!Court : Orissa
Reported in : 1993(I)OLR197
..... since there was no resolution, the communication made by the vice-chancellor in annexure-6 on 26-8-1985 that 'as required under the proviso to sub-section (2) of section 20 of the utkal university act, 1966 the syndicate submits this case to the chancellor for his decision was a mis-statement of fact, as in fact the syndicate never directed submission of the matter to the chancellor. ..... on 26-8-1985 the vice-chancellor made a reference to the chancellor of the matter in accordance with the provisions of the proviso to section 20(2) of the utkal university act. ..... as the syndicate in its resolution in annexure-4 on 12-7-1985 did never refer the matter to the chancellor and hence the communication of the vice-chancellor was wrong on facts ;(2) that even though the syndicate found fault with the selection committee for not having followed the guidelines issued by it regarding awarding of marks for research experience, yet no such guide lines had been prescribed by the syndicate ;(3) that the syndicate bereft of any power to issue any guideline in the matter and that statute 75(10) of the utkal university statutes ..... the petitioner who is a lecturer in zoology in the utkal university has sought the relief from the court of quashing annexure-9, an order of the chancellor of 7-10-1985 directing dissolution of the selection committee which had selected him for promotion to the post of reader and further directing the constitution of a new selection committee for interview of the candidates. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1987)(11)LC668Tri(Delhi)
..... but not the exercise of discretion in a particular way 1954 scr 883 - vice chancellor utkal university v. s.k. ..... appear that it is in according the option of release from confiscation [the contra distinction in the use of the words "may" and "shall" in the two specified cases of prohibited goods and other goods is significant] as well as the quantification of the amount of fine ["as the officer thinks fit"] that is to be paid ..... to be an issue at any time; (b) section 125 of the customs act, in so far material, lays it down that whenever confiscation is authorised, the officer adjudging such confiscation "may", in the case of an import of prohibited goods, and "shall" in the case of other goods, give the owner of the goods an option to pay in lieu of confiscation such fine as the officer thinks fit, provided that such fine "shall not exceed the market price of the goods confiscated less, in the case of imported goods, the duty chargeable thereon"; (c) it would thus ..... it is to be not arbitrary, vague, fanciful but legal and regular" [passage extracted in para 26 of the report in air 1966 cal. ..... [reliance upon air 1966 cal. ..... 1966 cal.237, it was a case of a confiscation of a mare imported as baggage. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom85; 1976MhLJ747
..... utkal university v. ..... (2) where on account of any of the reasons aforesaid, the office of the chairman becomes vacant or the offices of the chairman and the deputy chairman become vacant simultaneously, the provisions of section 67 shall be applicable, so far as may be, to the calling of a meeting and the procedure to be followed at such meeting for the election of a chairman; and after the election of a chairman, in the next meeting of the panchayat samiti, the deputy chairman shall be elected. ..... so far as the first contention raised on behalf of the petitioner is concerned, it is quite obvious from the bare reading of section 68-a of the act that in the event of a dispute as to the validity of the election of a chairman or deputy chairman of panchayat samiti, not only any member of the panchayat samiti, but even the collector or any officer authorised by him in this behalf can refer the said dispute within 30 days from the date of election to the commissioner for decision. ..... nandkishore, 1966 mplj 1014. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori143
..... the rules of business of the governing body of the christ college, annexure-1, prescribed that the governing body would consist of eleven members out of which six were to be nominated by the executive committee of the cuttack christian education board; one member would be the principal of the college; two members would be nominees of the teaching staff co-opted by the governing body; one would be a nominee of the vice-chancellor of the university (the utkal university) and one member nominated by the director of public instruction (presently the director of higher education), orissa. ..... institutions established by minorities out of the purview of the act as would be evident from section 2 which reads as follows:act not to apply to certain institutions:nothing contained in this act shall apply to educational institutions of their choice established and administered by minorities having the right under clause (1) of article 30 of the constitution:provided that the state government may, by notification apply or adopt to an educational institution established and administered by minorities such of the provisions of the act, so however that the rights under article 30 of the constitution are not infringed.9. .....
Tag this Judgment!Court : Orissa
..... counsel for the utkal university relies on section 4(2) of the orissa universities act, 1989 to submit that except professors, readers, lecturers and such other teachers as may be prescribed to be the teachers of the university, no other employee can be held to be a teacher of the university. ..... so far as the posts of reader and placement officer are concerned, we feel persuaded to hold that the post of placement officer for the mba programme under the utkal university belongs to the academic staff of the mba department and, thus, a person holding the post of placement officer holds a ..... administration had clarified and stated that the duty of the placement officer is that of a teacher, when the petitioner being placement officer was pursuing research activities as research guide in business administration discipline of the university being permitted by the university vide annexure-25 and when the post of the petitioner is equated with that of a reader with equal scale of pay, decision by the vice chancellor, utkal university to treat the post of placement officer as non-teaching post and to withdraw the pay the petitioner was drawing is alleged to ..... the petitioner, therefore, be re-posted in the mba department of the utkal university either as a placement officer or as a reader and his claim for appointment as heads of department be considered by the university ..... course in business administration was introduced in the utkal university with 15 (fifteen) teaching posts and other non- .....
Tag this Judgment!Court : Orissa
..... counsel for the utkal university relies on section 4(2) of the orissa universities act, 1989 to submit that except professors, readers, lecturers and such other teachers as may be prescribed to be the teachers of the university, no other employee can be held to be a teacher of the university. ..... so far as the posts of reader and placement officer are concerned, we feel persuaded to hold that the post of placement officer for the mba programme under the utkal university belongs to the academic staff of the mba department and, thus, a person holding the post of placement officer holds a ..... administration had clarified and stated that the duty of the placement officer is that of a teacher, when the petitioner being placement officer was pursuing research activities as research guide in business administration discipline of the university being permitted by the university vide annexure-25 and when the post of the petitioner is equated with that of a reader with equal scale of pay, decision by the vice chancellor, utkal university to treat the post of placement officer as non-teaching post and to withdraw the pay the petitioner was drawing is alleged to ..... the petitioner, therefore, be re-posted in the mba department of the utkal university either as a placement officer or as a reader and his claim for appointment as heads of department be considered by the university ..... course in business administration was introduced in the utkal university with 15 (fifteen) teaching posts and other non- .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT51
..... : [1995]1scr908 ; and utkal university and ors. v. dr. ..... several letters had been issued and particularly letter dated 6th january, 1998 written by the opposite party-bank to the petitioner to furnish explanation for seeking additional loan for extension of their unit before completion of one year of commercial production. ..... 9.69 lakhs had been calculated not only in terms of the agreement but also which was applicable in all such cases.it has been revealed in the counter affidavit that pre-payment had been charged as per the practice prevalent with all india financial institutions and is based on the estimated loss due to prepayment taking into account the cost of raising of funds and the cost of reinvesting the funds. ..... 64.00 lakhs had been sent to the opposite party -bank for settling the entire amount and in the said letter the petitioner had given undertaking that 'company will pay the interest due & other dues whenever asked'.19. ..... petitioner accepted the terms, acted upon it and took benefit of the same by getting its title deeds etc released, it clearly amounts acquiescence and petitioner is estopped to raise the grievance. ..... in fact it was voluntarily act at the behest of the petitioner as it was in hurry to get it's title deeds/documents etc. ..... the employee had acted upon it and joined the post. ..... the opposite party-bank had acted in turn and its conduct cannot be held to be unreasonable or arbitrary. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori88
..... the utkal university is constituted as per the provisions of the utkal university act consisting authorities, namely, the senate, the syndicate, the academic council and such other authorities as the statutes may declare to be authorities of the university. ..... his contention is that the chancellor as the head of the university exercises his powers vested in him by the utkal university act and the statutes having no inherent or residuary powers. ..... as per the utkal university act the chancellor has a right to make inspection, among other things, of the examinations and may make an enquiry in respect of any matter connected with the university. ..... the stand of the opposite parties in a nutshell is that the chancellor of the utkal university in exercise of his powers under section 5(7), utkal university act (hereinafter called the 'act') has annulled the resolution of the syndicate appointing the board of examiners to examine the thesis paper of the petitioner and, therefore, all the subsequent resolutions of the syndicate are null and void. ..... the aforesaid submission is factually incorrect inasmuch as the office copy of the notice available in the chancellor's file does make a mention that the said notice was under section 5(7), utkal university act, to show cause why the relevant resolution of the syndicate shall not be annulled and a set of fresh examiners be not appointed. .....
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