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Hyderabad Karnataka Education Society, Gulbarga and ors. Vs. State of ...

Court : Karnataka

Reported in : AIR1983Kant251

..... the following grounds:(1) that the respondent-state government has no competence to pass the order in exercise of its executive power under article 162 of the constitution as the karnataka state universities act and the various statutes, ordinances, regulations and rules made by the universities in the state, provide for admission, eligibility, the manner of affiliation of colleges, the manner of control of the affiliated colleges and the conditions and maintenance of standards in the ..... it is asserted that it is run by a community which is backward, after forming a society for the purpose of promoting the education in that community particularly and in respect of other communities generally and as such, in addition to the institute of technology, has already started 11 other educational institutions by its own efforts essentially depending upon the donations given by those interested in the development of the community and those interested in getting better education for their children. ..... i have already pointed out that some of the petitioners, notably the bangalore institute of technology and guru nanak dev engineering college both of which are societies registered under the societies registration act have asserted that they do not collect capitation fee but collect voluntary donations from the parents or ..... preamble: under rule 4 of the karnataka engineering colleges and technological institute (selection of candidates for admission) rules issued as annexure to government .....

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 .....

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. .....

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'. .....

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 .....

Dr.T.Arutselvam. Vs. Nagapattinam Co-operative.

Court : Chennai

..... the decision in visveswaraya technological university, is relied upon to show that the state or the university is entitled to fix eligibility criteria higher than those fixed by the aicte and that the admission of students whose marks fall short ..... of ayurvedic medicine & surgery)siddha maruthuva arignar (bachelor of siddha medicine & surgery)siddha maruthuva perarignar (doctor of medicine in siddha()bamsbsmsmd (siddha)from 1994 onwardsfrom 1994 onwardsfrom 1992 onwards98-c.shri chandrashekhendra saraswathi viswa mahavidyalaya, kanchipuram (deemed university)ayurvedacharya (bachelor of ayurvedic medicine and surgery)bamsfrom 2001 onwardsit must be noted that serial number 93 of the second schedule relates to a government institution, ..... college or any medical college has opened a new or higher course of study or training or increased the admission capacity on or before the commencement of the indian medicine central council (amendment) act, 2003, such person or medical college, as the case may be, shall seek, within a period of three years from the said commencement, permission of the central government in accordance with the ..... the said order is of relevance and hence it is reproduced as follows : after careful consideration of the recommendations and inspection report of the ccim in terms of the imcc act and relevant regulation and norms of the ccim, it is found that the college is fulfilling the minimum requirement of 100 bedded hospital, 80% teaching staff, 100 patients per .....

Dr. Prabhakar J. Lavakare Vs. the State of Maharashtra, (Summons to Be ...

Court : Mumbai

Reported in : 2010(112)BomLR1802

..... technological and infrastructural resource base, etc.and whereas, the vice-chancellor is required to shape up the overall personality of the students in line with the national and social priorities,and whereas, having regard to the position of the vice-chancellor as aforesaid, it is expedient to provide a person being appointed shall possess certain qualifications and experience ;now, therefore, in exercise of the powers conferred by clause (d) of sub-section (3a)of section 12 of the maharashtra universities act, 1994 ..... their all-round development and for providing them rich campus life as envisaged in the maharashtra universities act.part 'c'expected skills and competencies -(1) technical skills -(i) openness towards technology and a deep conviction regarding its potential applications in a knowled-based settings ;(ii) reasonably high level of comfort in the use of technology;(2) managerial skills -(i) ability to anticipate issues and problems and prepare advance strategic plans ;(ii) ..... teaching and research, to ensure proper selection and appointment of teachers and other employees, to provide for representation of students and teachers on various bodies of the university to take measures for curbing or for eradicating undesirable non-academic influences detrimental to maintenance of discipline and standards of education or academic excellence in the universities and to provide for matters connected with or incidental thereto, as is evident from the preamble of the act of 1994. .....

G. Ramchandran (Dr.) Vs. Gandhi Bindiya Rajesh and ors.

Court : Mumbai

Reported in : 2002(4)ALLMR448; 2003(2)BomCR337

..... to the factual aspect of the case, it would be proper to refer to some of the provisions of the maharashtra universities act, 1994 (for short, the act) and ordinances 119 and 120 issued thereunder. ..... university act, 1974 which previously governed such matters has been repealed and substituted by the act which came into force on 21st july, 1994. ..... during the three terms taken examinations) together.arts, science, for granting the terms in each subject minimumcommerce, law attendance of 75% of the lectures, practicaland technology and tutorial (wherever prescribed)separately will be required out of the total number of lectures, practical and tutorials in the subject conducted in the term. ..... of the examination of the respective class.7) the report of the defaulter shall be sent to the director, board of college and university development at the end of the first and second terms three weeks prior to the commencement of the examination of the respective class.8) a university committee constituted by the board of college and university development may inspect, without prior intimation, students attendance records maintained by the college.9) any complaint of the student shall be forwarded ..... the preamble of the act contains its object and one of them is to take measure for curbing or for eradicating undesirable non-academic influences detrimental to the maintenance of discipline and standards of education or academic excellence in the university and to provide for matters connected with or .....

Master Kochikar Ketan Manohar and ors. Vs. State of Maharashtra and or ...

Court : Mumbai

Reported in : 1994(2)BomCR641

..... state universities act, 1974 it was held `residence is a ..... 1975 was chosen as a relevant date for giving benefit under section 3 of the rajasthan universities teachers and officers (special conditions of service) act, 1974 - for absorption of temporary lecturers who were appointed on or before that date. ..... the first contention raised by the learned advocate appearing for the petitioners is that the impugned regulations do not come within the ambit of section 36(2)(c) of the act as only general conditions regarding governing admission of regular and private candidates for the final examination and the conditions regarding attendance and character, on the fulfillment of which a candidate shall have a right to be admitted ..... however, it has been contended on behalf of the board that as the various technological developments and availability of technical gadgets or aids provide an opportunity to a private candidate to acquire the knowledge a little earlier, the age has been reduced ..... approached one college with form but he was informed that he can appear in march, 1994 examination and his form for registration was not accepted. ..... significance to the life of an individual and nation and that without education being provided to the citizens of this country, the objects set forth in the preamble to the constitution cannot be achieved. ..... 'as explained by the preamble the quality of democracy envisaged by the constitution does not only secure the equality of opportunity but of status as well, to .....

Nachane Ashiwni Shivram and ors. Etc. Vs. State of Maharashtra and anr ...

Court : Mumbai

Reported in : 1997(4)ALLMR602; 1997(3)BomCR680; (1997)4BOMLR556; 1998(2)MhLj234

..... admissions is, therefore, fully covered by the maharashtra universities act, 1994 and, hence, the rule framed under article 162 of the constitution will not override the provisions of the maharashtra universities act as the same would be an occupied field.84 ..... of the maharashtra universities act, 1994 will be inapplicable ..... , cannot arrogate to itself the function of regulating admissions as the same can be done only by framing rules under section 65 of the maharashtra universities act, 1994. ..... region-wise reservation or preference and hold that not more than 70 per cent of the total number of open seats in the medical college or colleges situate within the area of jurisdiction of a particular university, after taking into account other kinds of reservations validly made, shall be reserved for students who have studied in schools or colleges situate within that region and at least 30 per cent of the open ..... babasahebambedkar technological university, lonere, district raigad be filled up on state level competitive merit while reserving 15% seats for the konkan districts of ratnagiri, raigad, sindhudurg and non-corporation area of thane ..... raj narain', : [1976]2scr347 the supreme court has unequivocally held that the preamble of our constitution guarantees equality of status and of opportunity and that rule of law is ..... it is no doubt true that the preamble of the said draft rules refers to the various court decisions including the supreme court ..... the preamble of the constitution guarantees .....