Search Results Page
Search Results
1 - 10 of 35 (0.33 seconds)Article 30 in Constitution of India [Constitution]
Section 23 in The Right of Children to Free and Compulsory Education Act, 2009 [Entire Act]
Pramati Educational & Cultural ... vs Union Of India & Ors on 6 May, 2014
v) Writ Petition (C)No.416 of 2012 dated 06.05.2014 –
Paramathi Educational and Cultural Trust Vs. UOI and
others
Society For Un-Aided P.School Of Raj vs U.O.I & Anr on 12 April, 2012
36. As per the Government orders issued in G.O.Ms.No.181, School
Education Department dated 15.11.2011, as per the RTE Act, it is now
mandatory for all the State Governments across the country to recruit
Secondary Grade Assistant and BT Assistants only by conducting
Teachers Eligibility Test. The standard of education is being maintained
https://www.mhc.tn.gov.in/judis
Page 23 of 48
W.P.No.22640 of 2016
Nation wide based on the provisions of the RTE Act and the consequential
Regulations issued by the National Council for Teachers Education based
on the provisions of the RTE Act. The validity of the RTE Act was upheld
by the Hon'ble Supreme Court of India in the case of Society for Un-aided
Private Schools of Rajasthan Vs. Union of India, reported in (2012) 6
SCC 1, wherein it is held that the Right of Children is not only to receive
education but right to have the quality of education. With a view to ensure
uniform standards in quality of education across the country, Teachers
Eligibility Test was prescribed by the National Council for Teachers
Education, which is bound to be adopted by all the States across the
country. Accordingly, the Government of Tamil Nadu issued
Government Order in G.O.Ms.No.181 dated 15.11.2011.
Sk. Md. Rafique vs Managing Committee, Contai Rahamania ... on 6 January, 2020
In the case of Sk.Md.Rafique Vs. Managing Committee,
ContaiRahamania High Madrasah and Ors, reported in
MANU/SC/0004/2020, the Hon'ble Supreme Court of India held as
follows:
State Of Kerala, Etc vs Very Rev. Mother Provincial, Etc on 10 August, 1970
'' The decisions of this Court make it clear that in the
matter of appointment of the Principal, the management of a
minority educational institution has a choice. It has been
held that one of the incidents of the right to administer a
minority educational institution is the selection of the
Principal. Any rules which take away this right of the
management have been held to be interfering with the right
guaranteed by Article 30 of the Constitution. In this case,
both Julius Prasad selected by the management and the third
respondent are qualified and eligible for appointment as
Principal according to rules. The question is whether the
management is not entitled to select a person of their choice.
The decisions of this Court including the decision in State of
Kerala v. Very Rev. Mother Provincial, and Ahmedabad St.
Xavier's College Society v. State of Gujarat, make it clear that
this right of the minority educational institution cannot be
https://www.mhc.tn.gov.in/judis
Page 39 of 48
W.P.No.22640 of 2016
taken away by any rules or regulations or by any enactment
made by the State. We are, therefore, of the opinion that the
High Court was not right in holding otherwise. The State has
undoubtedly the power to regulate the affairs of the minority
educational institutions also in the interest of discipline and
excellence. But in that process, the aforesaid right of the
management cannot be taken away, even if the Government
is giving hundred per cent grant.''
The Ahmedabad St. Xaviers College ... vs State Of Gujarat & Anr on 26 April, 1974
'' The decisions of this Court make it clear that in the
matter of appointment of the Principal, the management of a
minority educational institution has a choice. It has been
held that one of the incidents of the right to administer a
minority educational institution is the selection of the
Principal. Any rules which take away this right of the
management have been held to be interfering with the right
guaranteed by Article 30 of the Constitution. In this case,
both Julius Prasad selected by the management and the third
respondent are qualified and eligible for appointment as
Principal according to rules. The question is whether the
management is not entitled to select a person of their choice.
The decisions of this Court including the decision in State of
Kerala v. Very Rev. Mother Provincial, and Ahmedabad St.
Xavier's College Society v. State of Gujarat, make it clear that
this right of the minority educational institution cannot be
https://www.mhc.tn.gov.in/judis
Page 39 of 48
W.P.No.22640 of 2016
taken away by any rules or regulations or by any enactment
made by the State. We are, therefore, of the opinion that the
High Court was not right in holding otherwise. The State has
undoubtedly the power to regulate the affairs of the minority
educational institutions also in the interest of discipline and
excellence. But in that process, the aforesaid right of the
management cannot be taken away, even if the Government
is giving hundred per cent grant.''
Article 14 in Constitution of India [Constitution]
Committee Of Management Kanya Junior ... vs Sachiv, U.P. Basic Shiksha Parishad ... on 21 August, 2006
vi) Appeal (Civil) No.9595 of 2003 dated 21.08.2006
Committee of Management Kanya Junior High School Bal
Vidya Mandir, Etah, UP Vs. Sachiv, UP Basic Siksha
Parishad, Allahabad, UP and others