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Judgment Search Results Home > Cases Phrase: the maharashtra educational institutions transfer of management act 1971 Page 1 of about 543 results (0.055 seconds)

Feb 17 2011 (HC)

Jeejau Shikshan Sanstha Vs. State of Maharashtra and ors.

Court : Mumbai Nagpur

..... to be read together. keeping in mind the said approach, one has to turn to the provisions of the maharashtra education institutions (transfer of management) act, 1971 and sections 3 and 4 thereof which read thus:3. where the state government is of opinion that any educational institution is being managed in a manner detrimental to the public interest, the state government may make or cause to be made an ..... that order was extended on 24/12/2009. according to him, therefore, there could be no transfer of management by impugned order dated 16/10/2009.(b) the transfer of management could have been made only in accordance with the provisions of maharashtra educational institutions transfer of management act, 1971 and rules framed thereunder. admittedly, that having not been done, the impugned order is illegal.(c) there being a dispute amongst ..... cannot be faulted on that ground.20. at this juncture, we notice the provisions of the maharashtra education institutions (transfer of management), act, 1971, providing for modalities and transparency in the matter of transfer of school having regard to the principles of natural justice. it is clear that in the matter of transfer of management, the field is occupied by the state legislation. the executive power of the state cannot .....

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Sep 07 2005 (SC)

Rai University Vs. State of Chhattisgarh and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3859; JT2005(8)SC163; (2005)7SCC330

..... over an educational institution and having regard to the fact that rai university has ceased to exist, some direction should be issued to the government of ..... to mumbai university or to any other university in maharashtra. for the reasons given in special leave petition (civil) no. 10506 of 2005, it is not possible to grant the first prayer regarding affiliation with a university in chhattisgarh.21.learned counsel has submitted that there are two enactments, namely, maharashtra educational institutions (transfer of management) act, 1971 and maharashtra educational institutions (management) act, 1976, which empower the state government to appoint administrator ..... maharashtra to protect the interest of the students. in our opinion, it will not be proper for us to issue any direction as prayed for by the .....

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Dec 08 1999 (HC)

Sudhakar S/O Vinayak Karegaonkar Vs. the State of Maharashtra and Othe ...

Court : Mumbai

Reported in : 2000(4)BomCR113

..... educational institutions as are run by the society and the employee aggrieved by any action of the management may have an option either invoking a remedy under the m.e.p.s. act, the maharashtra universities act, 1994 or under the industrial disputes act or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... non-teaching staff in the office of the society were governed by a separate set of rules and not bythe terms and conditions as were applicable to the employees in the schools under the provisions of the m.e.p.s. act ..... a peon with effect from 19-3-1984 with back wages. it was further made clear that the management was at liberty either to retain the petitioner in its office or transfer him to any of the schools/colleges run by it. 3. this judgment and order of the ..... tribunal opposing the appeal of the employee on the grounds of its tenability the respondent management did not state that (a) the non-teaching employees working in the office were not transferable to any of its educational institutions, either a college or a school, (b) that the service conditions of such ..... by it and his request was not conceded to. on 17-12-1983 he made an application in writing to his employer requesting to transfer him to one of the colleges run by it and he stated that if his request was not considered, he should be relieved .....

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Oct 01 2007 (HC)

B.N. Devadas Vs. University Grants Commission Rep. by Its Secretary an ...

Court : Chennai

Reported in : 2008(1)CTC644; (2008)3MLJ325

..... public societies registration act, 1350f; institute of chartered financial analyst india university, tripura act, 2004; institute of chartered financial analysts of india university sikkim act, 2004; institute of chartered financial analysts of india university act, 2005; university grants commission act, 1956 - sections 2, 5, 6 and 22; maharashtra educational institutions (transfer of management) act, 1976; all india council for technical education act; national council for teacher education act; bar council of india act; private universities act; companies act, 1956 - ..... (2) to university concerned having territorial jurisdiction in the area in which the institutes concerned are situate, to affiliate such institutes, nor (3) to state government of maharashtra to appoint an administrator under maharashtra educational institutions (transfer of management) act 1976 (13 of 1976) such institution(s) situate in maharashtra and it is for the institutions to make appropriate applications to the university/state government concerned, and also dismissing ..... . icfai private university was established under the uttaranchal state act, 2003 (act no. 16/03) with the following objects:to establish and incorporate an university in the state, with emphasis on providing high quality and industry relevant education in the areas of applied financial management, general management, applied sciences and technology, sponsored by the institute of chartered financial analysts of india (icfai), hydrabad, .....

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Sep 16 2011 (HC)

Vibgyor High School Vs. State of Maharashtra and ors.

Court : Mumbai

..... in private unaided schools, including unaided minority schools, if the same were resorting to commercialisation and profiteering by virtue of provisions of the maharashtra educational institutions (prohibition of capitation fee) act, 1987 (hereinafter referred to as "the capitation fee act"). 22. the second core issue is: whether the regulations by the state should be at the stage of admission to the school or ..... may, after considering the report of the committee, revise the fees if it considers it expedient to do so. 43. sub-section (5) of section 4 obligates the educational institution or management to issue an official receipt for the fees or deposits or any other amounts collected for any purpose, which shall be specified in such receipt. 44. on conjoint reading ..... effect by virtue of such law. the deputy director, in exercise of his powers under section 6 of the act, therefore, would be competent to enquire into the acts of commission and omission of the educational institution or its management, resulting in contravention of the provisions of the act. in that process, he is competent to examine the records of the school and its ..... cheque. 5. please ensure that all details in your child's fee receipt book are precise and complete. important : * parents who intend to transfer or apply for a leaving certificate are requested to meet the front office manager and submit a leaving certification application form on or before friday, 28th march 2008. we wish to inform you that the school .....

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Aug 03 2017 (SC)

Rustom Kerawalla Foundation Vs. State of Maharashtra .

Court : Supreme Court of India

..... the extent of rs.54,598/- for primary section and rs.61,149/- for secondary section from the years 2008-2009 were approved.2. the maharashtra educational institutions (prohibition of capitation fee) act, 1987 (hereinafter referred to as the act) prohibits collection of capitation fee for admission of students to, and prosecution of any course of study, or for promotion to a higher standard or ..... of the fee structure and may, after 6 considering the report of the committee, revise the fees if it considers it expedient to do so. (5) every educational institution or as the case may be, management shall issue an official receipt for the fees or deposits or any other amounts collected for any purpose, which shall be specified in such receipt.6. power ..... 1 reportable in the supreme court of india civil appellate jurisdiction civil appeal no.3696 of2017rustom kerawalla foundation appellant versus state of maharashtra and ors. .. . respondents with civil appeal no.3698 of2017with transfer petition (civil) no.89/2013 with transfer petition (civil) no.90/2013 judgment uday umesh lalit, j.1. rustom kerawalla foundation (appellant in civil appeal no.3696 of 2017 and ..... dated 16.09.2011 passed by the high court of bombay in writ petition nos.1925 of 2009 and 1919 of 2009 preferred by them. along with these appeals, two transfer petitions, namely t.p.(c) nos.89 and 90 of 2013 preferred by the appellants are also listed before us. these writ petitions challenged the orders dated 03.07.2009 .....

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Jan 23 2008 (HC)

Evva Memorial Teacher Training Institute Rep. by Its Correspondent S. ...

Court : Chennai

Reported in : 2008(1)CTC681; (2008)2MLJ123

..... scc 461 and p.a. inamdar and ors. v. state of maharashtra (2005) 6 scc 537.(m) the learned single judge also found that there is no provision under the ncte act enabling the management to transfer a teacher training institute and in the absence of any provision under the ncte act, the transfer of management could be made under section 8 of the tamil nadu recognised private ..... of india, the supreme court has made it clear that education cannot be treated as a trade or business, but should be treated ..... as it is in violation of section 23 of the indian contract act, 1872. the agreement dated 12.4.2005 is void since both the parties are guilty of violating the provisions of the ncte act, 1993. the learned single judge also held that the right to establish and administer educational institution, even though guaranteed under article 19(1)(g) of the constitution ..... recognition and no objection certificate by the promoters to the agreement holder is to be treated as opposed to public policy as the educational institution is granted recognition for the benefit of the public. the right conferred to run an institution by way of certificate of recognition and no objection if sold like a tradable commodity, and authorising the agreement holder to run .....

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May 30 2014 (TRI)

Maharashtra State Electricity Distribution Co. Ltd Vs. Maharashtra Ele ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... 2012 passed by maharashtra electricity regulatory commission (state commission?) regarding true up for fy 2010-11, arr for the fys 2011-12 and 2012-13 and tariff determination for fy 2012-13. 2. the appellant has raised the following issues in the appeal. i) creation of separate category for government owned and managed hospitals and education institution: the appellant ..... of 2009 or is illegal being inconsistent with the provision of section 62 (3) of the electricity act. if the state commission has decided to keep all the educational institutes and the hospitals irrespective of whether these are owned and managed by the government or owned by private entities under the same category using broad application of purpose for ..... capital requirements, the amount of consumers security which was collected by the electricity board should not be deducted. 21. the state government under the transfer scheme under section 131 of the electricity act has vested in the appellant distribution licensee the property, interest in property and rights and liabilities as successor of the electricity board for distribution business ..... . accordingly, the balance sheet of the appellant has been drawn up and the consumer security amount as held by the electricity board just prior to the unbundling stand transferred in .....

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Aug 14 2012 (HC)

Mrs. Ivy C. Da Conceicao Vs. State of Goa Through Its Chief Secretary, ...

Court : Mumbai Goa

..... prospects of the teaching staff, even those belonging to the same community, should have to yield to the right of the management under article 30(1) to establish and administer educational institutions. 29. section 57(3) of the act provides that the post of principal when filled by promotion is to be made on the basis of seniority-cum-fitness. section ..... that respondent no.2 xaverian educational society, which was running an educational institution, was not entitled to appoint respondent no.1 therein as a headmaster, bypassing the claim of the petitioner who was a senior most teacher. respondent no.1 was transferred from a school run by respondent no.2 at ambarnath in the state of maharashtra. the division bench held that ..... this was clearly in breach of rule 86 of the goa school education ..... of manoharnaik (supra), though the division bench allowed the appeal, the apex court upheld the right of minority educational institution in goa to appoint a qualified teacher having requisite qualification, serving in the state of maharashtra, in a school run by minority educational institution as the headmaster of the school in goa. obviously, therefore, he could not have been considered by the .....

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Aug 14 2012 (HC)

Mrs. Ivy C. Da Conceicao Vs. State of Goa Through Its Chief Secretary, ...

Court : Mumbai Goa

..... prospects of the teaching staff, even those belonging to the same community, should have to yield to the right of the management under article 30(1) to establish and administer educational institutions. 29. section 57(3) of the act provides that the post of principal when filled by promotion is to be made on the basis of seniority-cum-fitness. section ..... that respondent no.2 xaverian educational society, which was running an educational institution, was not entitled to appoint respondent no.1 therein as a headmaster, bypassing the claim of the petitioner who was a senior most teacher. respondent no.1 was transferred from a school run by respondent no.2 at ambarnath in the state of maharashtra. the division bench held that ..... this was clearly in breach of rule 86 of the goa school education ..... of manoharnaik (supra), though the division bench allowed the appeal, the apex court upheld the right of minority educational institution in goa to appoint a qualified teacher having requisite qualification, serving in the state of maharashtra, in a school run by minority educational institution as the headmaster of the school in goa. obviously, therefore, he could not have been considered by the .....

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