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Sri Belimatha Mahasamsthana Institute of Technology Vs. Visveswaraiah ...

Court : Karnataka

Reported in : 2005(4)KarLJ623

..... visveswaraiah technological university act, 1994 (for short, 'the act'), is an act established for the development of engineering technology and allied sciences. ..... now the college is affiliated to the visveswaraiah technology university (vtu) from the academic year 1998-99 onwards. ..... court held that the provisions of the bihar medical educational institutions (regulation and control) act, will apply to the medical college of the appellants' society, that the said statute does not infringe the fundamental rights and that the court is not competent to issue a mandamus directing the university to appear for the examination conducted by the university unless the statutory requirements with regard to the permission and affiliation are fully complied ..... approval was granted to conduct courses in computer science and engineering, electronic and communication engineering, information, science and technology and medical electronics by the all india council for technical education (aicte) and the bangalore university from the academic year 1997-98. ..... sub-clause (w) reads as under:'to be in-charge of the academic affairs of the university and subject to the provisions of this act and the statutes exercise general power of superintendence direction and control and be responsible for the maintenance of academic standards of instructions, education, research, extension and examinations and other matters connected with the conferment of .....

H.N. Yoga Rajan Vs. Government Tool Room and Training Centre and anr.

Court : Karnataka

Reported in : 2009(4)KarLJ50; ILR2009(2)Kar1750; 2009(3)KCCRSN93; 2009(4)AIRKarR444

..... of section 2 of the visveswaraiah technological university act, 1994 defines 'constituent college', which means an institution maintained by the university as such and includes an institution admitted to the privileges of the university as an affiliated college of the university in accordance with the provision of the act. ..... drawn my attention to the recognition granted by the all india council for technical education 'aicte' for short) (annexure-l) as also the order of affiliation granted by the vishveswaraiah technological university ('vtu' for short), dated 3-6-2008 (annexure-m). ..... and (da) of section 1 states that it does not apply in the matters pertaining to the colleges and institutions dealt within the karnataka state universities act, 1976 and the aicte act. ..... 'technical education' has been defined in sub-clause (g) of section 2 of the aicte act, which means programmes of education, research and training in engineering technology, architecture, town planning, management, pharmacy and applied arts and crafts and such other programme or areas as the central government may, in consultation with the council, by notification in the official ..... 'technical institution' has been defined in sub-clause (h) of section 2 of the aicte act as an institution, not being a university, which offers courses or programmes of technical education, and shall include such other institutions as the central government may in consultation with the council, by notification and official gazette declare .....

Visvesvaraya Tech.University Vs. Assistant Commissioner of Income Tax

Court : Supreme Court of India

..... the appellant university, namely, visvesvraya technological university (vtu) has been constituted under the visveswaraiah technological university act, 1994 (for short vtu act ). ..... (c) nos.5354-5359 of 2014) visvesvaraya technological university ...appellant versus assistant commissioner of income tax ...respondent judgment ranjan gogoi, j.1. ..... it is emphatically contended by the appellant in the written submissions filed that between 1994 and 2009 the university had actually spent about rs.504 crores on infrastructure and the available surplus in the year 2010 which was in the range of rs.440 crores was also intended to be applied for different infrastructural work, details of which ..... the exemption granted in respect of the university under section 80g of the act, qua the donations made to it also cannot be ignored in view of an inbuilt recognition in such exemption with regard to the charitable nature of the institution i.e. ..... the question, therefore, that arises in the present appeals is the entitlement of the appellant university assessee to exemption from payment of tax under the provisions of section 10(23c)(iiiab) of the act which is in the following terms: 10. ..... for the assessment years 2004-2005 to 2009-2010 notices under section 148 of the income tax act, 1961 (for short the act ) were issued to the appellant university assessee. .....

Dalappa Vs. Bangalore University and anr.

Court : Karnataka

Reported in : 2003(6)KarLJ236

..... the petitioner refers to the provisions of the karnataka state universities act to contend that the petitioner is a teacher for the purpose of retirement. ..... after hearing the learned counsel, according to me two questions arise for my consideration:(1) whether the petitioner can be held to be a 'teacher' within the meaning of section 2(12) of the karnataka state universities act, 2000? ..... the court in the light of the wordings of the proviso ruled that the dropping of the word 'reduce' and the introduction of the word 'modify' in the body of section 60 of the act under consideration clearly indicate an intention on the part of the legislature to widen the scope of this section and the high court was right in so construing the same. ..... it was pointed out that in the context of sections 33(1) and 2-d and taking into account the policy of the act and the purposes for which the control was imposed on insurers, the word 'insurer' in the said sections also refers to insurers who were carrying on the business of insurance but have closed it. 20. ..... , : air1997sc3433 ruled that the director of physical education in university comes under the definition of 'teacher'.it is also fairly well-settled that a mere nomenclature is not a deciding factor in such cases. ..... - xxx xxx xxx 2(12) 'teachers' include professors, readers, assistant professors, lecturers and such other persons imparting instruction in the university or in any college declared as such by the statutes'. .....

Sudarshan Kumar Babu Vallurur Vs. Visveswaraiah Technological Universi ...

Court : Karnataka

Reported in : ILR2003KAR4771; 2003(4)KarLJ252

..... -march 2000 examination of the first semester in which the petitioner was absent from examination due to ill-health has been taken as the first attempt by the university for computation of the class of the petitioner and the university has taken into account 221 marks which the petitioner has secured in the internal assessment as the total marks secured by him out of 800 in the first ..... university issued him provisional degree certificate dated 16-3-2002, in which it was declared that the petitioner has passed degree of master of technology ..... permitted to take the examination on the ground of want of attendance or not fulfilling any other requirement prescribed by the university, though he has paid the examination fee, then it would not amount to a chance or an attempt. ..... certificate issued to him showing that he has passed in second class and for a declaration that the petitioner has passed prescribed examination in first -class and also for a direction to the university to issue regular degree certificate showing that the petitioner has passed in first class.5. ..... by the regulations framed by the first respondent called regulations governing the master of technology course in engineering (for short, hereinafter referred to as the 'regulations'). ..... be read as a whole and one provision of the act should be construed with reference to other provisions in the same act so as to make a consistent enactment of the whole ..... the courts to avoid a head-on clash between two sections of the same act. .....

Smt.Anandavally M.K. Vs. Dr.P.G.Jairaj

Court : Kerala

..... section 20(1) of the visveswaraya technological university act, 1994 empowers the executive council of the university to make regulations regarding admission of students and conduct of examinations. ..... the appellant technological university in that case was the examining body and affiliating authority for technical educational institutions in the state of karnataka. ..... ultimately, their lordships opined that while granting affiliation, the examining body shall be free to demand rigorous compliance with the conditions contained in the statute like the university act or the state education board act under which it was established or the guidelines or norms which may have been laid down by the examining body concerned. ..... in that case the conflict was between the ugc act which was enacted under entry 66 of list i of schedule vii to the constitution and open university act, which was also enacted by the parliament in exercise of the powers under entry 25 of list iii thereof. ..... however, the statement of objects and reasons of the open university act shows that the formal system of education had not been wa2706/09 & con. ..... in that case the appellant university was a full-fledged university created under the bharathidasan university act and was recognised by the university grants commission. ..... n.raveendran (2001(3) klt938 was again a case where kerala university act and application of provisions of ugc scheme came up for consideration. .....

Debashree Chowdhury and anr. Vs. Visveswaraiah Technological Universit ...

Court : Karnataka

Reported in : ILR2006KAR1531; 2006(3)KarLJ393

..... visveswaraiah technological university (vtu) and anr. ..... when these matters had come up for hearing on 16-2-2006, after hearing for quite some time, this court lias directed the learned counsel for the first respondent-university to verify the present status of these two petitioners as to whether they have completed the degree course or not. ..... learned counsel for the petitioners vehemently submitted that the respondent-university is not justified in taking such stand on the ground that the petitioners may be treated as eligible in pursuance of the advertisement bearing no. ..... these two petitioners seeking a direction directing the first respondent-university to approve the admissions of the petitioners taking the prescription of eligibility as notified by the third respondent, aicte under notification as per annexure-aby advertisement no. ..... the learned counsel for the first respondent university submitted that as per the communication dated 17-2-2006 bearing no. ..... when the state authorities de-recognize or disaffiliate an institution for not satisfying the standards or requirement laid down by them, although it satisfied the norms and requirements laid down by the central authority, the state authorities act illegally. 7. ..... an applicant the same on the ground that the applicant is not qualified according to its standards or qualifications, as the case may be, although the applicant satisfies the standards or qualifications laid down by the central law, they act unconstitutionally. .....

Tesla Thomas Vs. State of Kerala

Court : Kerala

..... it was held so by the hon'ble supreme court in visveswaraiah technological university (supra): "the object of the state or university fixing eligibility criteria higher than those fixed by aicte, is ..... standing counsel for the university alertly points out that; precisely the very said paragraph was overruled by the hon'ble supreme court in visveswaraiah technological university and another v. ..... visveswaraiah technological university (supra) found that dr.preeti srivastava (supra) and state of ..... affidavit of the council, is non-committal insofar as not clearly recognising the eligibility of the petitioner, but finding fault with the university, for not having ensured the eligibility of the student at the proper time and "raising objection in the 3rd term". ..... the petitioner's specific contention is that the central council for homeopathy, as per section 20 of the homoeopathy central council act, 1973 [hcc act], is empowered to prescribe the standards for admission to the course and the petitioner satisfies the prescription made by such apex body; being the central council for ..... section 20 of the act which was specifically read out by the petitioner also speaks of the prescription of `minimum wp(c).no.9782 of 2014 - 7 - ..... of the regulations prescribed by the2d respondent for post graduate course1989 dated0103.2012 as per section20and33of cch act, 1973. ..... of the relevant pages amended regulations (degree course) dated1706.2005 issued by the2d respondent as per section20and33of cch act, 1973. .....

S. Deepika Bhat and Others Vs. Union of India, Represented by Departme ...

Court : Karnataka

..... ." in visveswaraiah technological university and another vs ..... . the high court proceeded on the basis that there was a conflict between the two enactments, namely, the university act and the advocates act and in terms of article 254(2) of the constitution of india, the university act, the later state act with the assent of the president, would prevail over the advocates act and since appointment to the post of a principal of a college affiliated to a university was governed by the university act, the appointment of respondent mo.5 as principal of the law college was liable to be upheld ..... 226 and 227 of the constitution of india praying to declare the part iv chapter ii rule 5 of bar council of india rules as unconstitutional, discriminatory, arbitrary and section 86 read with 34[2] lii] and section 49 of the karnataka state law university act 2009 is violative of articles 14 and 15 of the constitution of india and etc;) (prayer: this writ petition filed under articles 226 and 227 of the constitution of india praying to quash the admission notification dated 29.4.2013, issued ..... ." in the case of bar council of india and another aparna basu mallick and others, (1994 )2 scc 102, the view taken in baldev sharma's case, supra, was reiterated thus : " now under section 7, one of the functions of the bar council of india is to recognise universities whose degree in law shall be a qualification for enrollment as an advocate and for that purpose to visit and inspect the universities .....

Dr Aditya Narnoly and Ors Vs. Health

Court : Jharkhand

..... this issue however need not detain us any further as it is well settled by the judgment rendered by the hon'ble supreme court in the case of visveswaraiah technological university and another vrs. ..... in order to deal with the second aspect of the matter relating to the contention that sanction for enhancement of teaching experience has not been granted by the state government in terms of the act and rules of 2002 and regulation of 2014 framed there under, it would be proper to refer some of these provisions. ..... if the impugned exercise purported to achieve the said purpose is in line with the provisions of the act, rules and regulations framed there under, challenge on the ground urged by the petitioner, has to fail.16. ..... fdurq mlds fy, 'kklh ifj"kn dk vuqeksnu visf{kr gksxka fdurq osru] hkrrs vkfn rfkk ;ksx;rk ,oa vuqhko ds ekeys esa 'kklh ifj"kn~ dksbz f'kffkyrk iznku ugha dj ldsxha13 on the forensic scrutiny of the relevant provisions of the act, rules and regulations quoted herein above , there are two issues which need to be addressed. ..... it is relevant to indicate herein that rajendra institute of medical science,ranchi ( hereinafter referred to as rims for short) has set up a dental college by virtue of of the decision of the state government under the provisions of the rims act, 2002 vide notification dated 13.5.2015(annexure-9) having the capacity of 100 seats. .....