Court : Chennai
..... in the tamil nadu legal education service.5. in 1995, the third respondent acquired m.l., degree from annamalai university through correspondence course. in the year 2008, the bar council of india issued rules of legal education, stipulating that the principal of a law college should be a professor of law as per ugc stipulation. however, the government amended the adhoc rules on 12.3.2010, making ..... 202}. the said case arose out of the appointment of a person as the principal of a private law college, despite the fact that he did not have the qualification in law. the qualifications possessed by him satisfied the prescription contained in the university act, 1973. but the bar council of india withdrew the recognition granted to the college on the ground that ..... the principal did not have a qualification in law. when the decision was challenged before the high court, the high court held that going by the uttar pradesh state universities act, 1973, the appointment was valid notwithstanding anything contained in the advocates act, 1961 or the rules framed by the bar council of india. but the ..... supreme court reversed the decision and held in paragraph 15 that notwithstanding the procedure prescribed by the university act and the statute, it is necessary for the recommending authority and the state government, to adhere to the requirements of the advocates act and the rules of the bar council of india. therefore, the stand taken by the bar council of .....Tag this Judgment!
Court : Chennai
..... court held as follows: ?.11. the tamil nadu dr.ambedkar law university has taken a stand that they would go by para 4.2.0 of the annexure to the ugc regulations 2010. the ugc regulations 2010, not only prescribes a master's degree with at least 55% marks by a recognised university, but also prescribed a ph.d. degree. the third respondent admittedly does not have a ..... (td2) department, dated 29.05.2009, as hereunder: government of tamil nadu abstract act - the tamil nadu arunthathiyars (special reservation of seats in educational institutions including private educational institutions and of appointments or posts in the services under the state within the reservation for the scheduled castes) act, 2009 - rules framed and competent authority ?. notified - amendment issued. adi dravidar and tribal welfare (td2) department g.o.(ms ..... educational institutions including private educational institutions and of appointments or posts in the services under the state within the reservation for the scheduled castes)act, 2009 (tamil nadu act 4 of 2009), the governor of tamil nadu hereby makes the following amendment to the tamil nadu arunthathiyars (special reservation of seats in educational institutions including private educational institutions and of appointments or posts in the services under the state .....Tag this Judgment!
Court : Chennai
..... of the rules of legal education, 2008, has been amended, without following the provisions of the act and the rules made thereunder. the government of tamil nadu has only followed the decision of the bar council of india and g.o.(ms)no.194, law (ls) department, dated 03.06.2015 and consequently, the regisrar, ambedkar university, has issued an admission notification.218. for the ..... .117. reading of the notification dated 28.09.2013 shows that the member has taken note of the dismissal of slp no.13846 of 2010 against the decision in m.santhosh antony vareed vs. the registrar, tamil nadu dr.ambedkar law university, reported in 2009 (8) mlj1677and that the hon'ble supreme court dismissed the slp on 11.03.2013 in the following words. ..... to the counter affidavit filed by the secretary, bar council of india, in slp(civil)no.1346 of 2010 (m.santhosh antony vareed vs. the registrar tamil nadu dr.ambedkar law university and others), and submitted that when the rule prescribing upper age, for admission to law degree courses, was challenged, the bar council of india, affirming the process followed before making the rule, ..... to the learned counsel, when the specific stand of the bar council of india, before the hon'ble supreme court in slp(civil)no.1346 of 2010 (m.santhosh antony vareed vs. the registrar tamil nadu dr.ambedkar law university and others), was that the rules of legal education, 2008, have been framed, by following a procedure, now, without following the abovesaid procedure, the .....Tag this Judgment!
Court : Chennai
Reported in : (1996)1MLJ491
..... , directing the respondents 3 and 4 to forbear from participating in the senate and syndicate meetings of the madurai kamaraj university in view of sections 15(b)(1) and 19(b)(i) of the madurai university act, 1965 as amended by the tamil nadu university laws (second amendment) act, 1991.3. the facts necessary for the purpose of deciding the question as to whether r. jagadeesan and p. ..... and ii categories and 19(c) of the madurai kamaraj university act, 1995 (hereinafter referred to as 'the act'). it may be mentioned here that the provisions contained in section 19 of the madurai kamaraj university act, 1965 have not been amended by the tamil nadu universities laws (second amendment) act, 1991 (act 9 of 1992) hereinafter referred to as 'the act 9 of 1992').4. a syndicate consists of the following ..... rajan are entitled to continue as the members of the syndicate are no longer in dispute and the same are as follows:the tamil nadu university laws (second amendment) act, 1991 came into force on 27.2.1992. on the date when the act came into force, both the respondents referred to above had enjoyed the membership of the senate for more than two terms. the ..... validity of the tamil nadu university laws (second amendment) act, 1991 was challenged before this court in w.p. nos. 5025 and 5026 of 1992. a division bench of this court decided the said writ petitions, struck down .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT1995(3)SC136; 1995(2)SCALE401; (1995)4SCC104; (1995)2UPLBEC937
..... .10. this entry has remained unchanged since the inception of the constitution. before the constitution [forty second amendment] act, 1976 which came into force w.e.f. 3rd january, 1977, entry 11 in list ii, i.e., the state list was as follows :education including universities subject to the provisions of entries 63, 64, 65 and 66 of list i and entry 25 of ..... act applicable to all private colleges. reasons for the enactment circulated with the bill of the act stated that the state government had decided to regulate the conditions of service of teachers employed in private ..... repugnant to the provisions of the central act would stand impliedly repealed to the extent of repugnancy. such repugnancy would have to be adjudged on the basis of the tests which are applied for adjudging repugnancy under article 254 of the constitution.25. we may now examine the provisions of the state law, viz., tamil nadu private colleges [regulation] act. section 1(3) makes the .....Tag this Judgment!
Court : Delhi
Reported in : 158(2009)DLT176
..... engineering college dealt with the larger issue, namely, the conflict between the central act on the one hand and the state act and the rules made thereunder on the other hand viz. the tamil nadu private colleges (regulation) act, 1976 and the rules made thereunder and the madras university act, 1923 and the statutes and ordinances made thereunder.31. upon examination of the ..... various provisions of the aicte act, the supreme court concluded that the provisions of the said act including its preamble make it abundantly clear that ..... on 26.7.1989, the request for granting provisional affiliation for the years 1989-90 for the first year, and also the request for provisional affiliation of second and third year courses for 1989-90 was rejected. the aforesaid action was successfully challenged by the respondent by filing writ petitions before the madras high court. 30. the supreme ..... iii after the forty-second amendment. if there was any such existing law immediately before the commencement of the constitution within the meaning of article 372 of the constitution, as the madras university act, 1923, on the enactment of the present central act, the provisions of the said law if repugnant to the provisions of the central act would stand impliedly repealed to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT1995(6)SC600; 1995(5)SCALE251; (1995)6SCC127; Supp3SCR588
..... 9th day of december, 1992 and ending with the date of publication of this act in the tamil nadu government gazette shall for all purposes, be deemed to be and to have always been validly done, taken or issued in accordance with law, as if section 217-q of the principal act, as amended by this act, had been in force at all material times when such ..... 217 q so as to provide a power of exemption to the government with regard to private buildings also. that bill was passed and the tamil nadu district municipalities (second amendment and validation) act (no. 52 of 1994) was brought on the statute book on november 28, 1994. section 3 thereof, which contains the validation clause, reads as under:notwithstanding anything contained in ..... there shall be fourteen official members and six non-official members consisting of the director of school of architecture and planning,. anna university, madras, chairman, institute of architects. tamil nadu chapter, head of the department of structural engineering division, anna university, madras and three members representing local authorities in the hill stations to be nominated by the government. according to the above rule ..... and that it (the order) shall be deemed to have come into force with effect from may 13,1994. immediately after issuance of the above order the council filed the third writ petition (writ petition no. 20375 of 1994) seeking a writ of certiorari for quashing the same. this writ petition was admitted by the high court on december 12, .....Tag this Judgment!
Court : Karnataka
Reported in : 2003(1)KarLJ244
..... to entertain the present writ petition. in our opinion, this judgment cannot be of any help for deciding the jurisdiction of this court as it stood before the constitution (fifteenth amendment) act, 1963 and therefore the supreme court had no occassion to examine the purpose, intent, and effect of clause (2) of article 226 of the constitution as inserted by the ..... 'no objection certificate' from, the tamil nadu state government. this order, on appeal, has been confirmed by the council having its office at delhi. therefore, the appellant had approached this court with two grievances, namely, (i) that the respondent-regional committee had acted illegally in rejecting its application for recognition on a ground not permissible in law and without entering into the merits ..... exercise jurisdiction to issue direction under article 226 of the constitution. this aspect of the matter has been dealt with by the supreme court in the case of aligarh muslim university and anr. v. vinay engineering enterprises (private) limited and anr., by holding that.-'merely because, the respondent was a calcutta-based firm, the high court of calcutta seems ..... even if it is held that part of cause of action of the writ petition arises within the jurisdiction of the karnataka high court on account of office of the 3rd respondent-regional committee being located at bangalore, still, jurisdictional high court for the petitioner will be madras high court and therefore this court will not entertain writ petition and .....Tag this Judgment!
Court : Chennai
Reported in : (1992)1MLJ544
..... the court that only the provisions of sections 14-a and 14-b of chapter iii-a introduced in the tamil nadu private colleges (regulation) act, 1976, hereinafter referred to as the act, by the tamil nadu recognised private schools (regulation) and private colleges (regulation) amendment act, 1982, has. given room for grievance for the petitioner. in fact, submissions both by the learned counsel for ..... stated in the accompanying affidavit, it is most respectfully prayed that this honourable court may be pleased to issue a writ of declaration, declaring the tamil nadu recognised private schools (regulation) and private colleges (regulation) amendment act, 1982 (48 of 1982) as ultra vires and unconstitutional in so far as the petitioners herein are concerned, and pass such further or other ..... the learned counsel for the third-respondent would advance is, that there is no immediate room for grievance for the petitioner to come to this court seeking reliefs as he did in the present writ petition. he would place reliance on a pronouncement of a bench of this court in association of university teachers v. state of tamil nadu and anr. : (1991 ..... claimed by the petitioner are founded on art30(1) of the constitution of india. the very provisions introduced by the amendment act constitute an imminent threat to that fundamental right where the constitutional limits are transgressed by the law enacted this court would be foiling in its duty, if it does not intervene at least when the party to be .....Tag this Judgment!
Court : Chennai
..... is also stated by the first respondent that while promoting the 4th respondent to the post of p.g. assistant (tamil), the school committee has adhered to all the rules and procedures contemplated under tamil nadu recognised private schools (regulations) act and rules. the 3rd respondent has also clearly recorded his finding in the impugned order about the seniority of the 4th respondent.5.the ..... of the 4th respondent was not made strictly by following rule 15(4) of the tamil nadu recognised private schools (regulations) rules, 1974. therefore, the petitioner preferred a writ petition in w.p(md)no.1070 of 2007, challenging the said appointment. however, the prayer was amended in the said writ petition, thereby seeking for a direction to the appellate authority to ..... of the rules. we must point out that though the selection committee is not required to pass the order based on cogent reasons as is done in the court of law, nevertheless the records of the selection committee must show on what basis, it has come to the conclusion that between the two candidates, the one selected is superior both ..... select the petitioner to the post of p.g. assistant (tamil).2.the case of the petitioner is that she got a bachelor degree in tamil from bharadhidasan university and also b.ed., degree from annamalai university. thereafter, the petitioner got a master degree in tamil from bharadhidasan university. the petitioner was appointed as 'tamil pandit' at the first respondent's school on 24.08.1998 .....Tag this Judgment!