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1 - 10 of 20 (0.44 seconds)Article 309 in Constitution of India [Constitution]
Article 246 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
State Of Tamil Nadu And Anr vs S.V. Bratheep (Minor) And Ors on 16 March, 2004
"9. Entry 25 of List III and Entry 66 of List I have to be read
together and it cannot be read in such a manner as to form an
exclusivity in the matter of admission but if certain prescription
of standards have been made pursuant to Entry 66 of List I, then
those standards will prevail over the standards fixed by the State
in exercise of powers under Entry 25 of List III insofar as they
adversely affect the standards laid down by the Union of India or
any other authority functioning under it. therefore, what is to be
seen in the present case is whether the prescription of the
standards made by the State Government is in any way adverse
to, or lower than, the standards fixed by the AICTE, It is no
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[2025:RJ-JP:21522-DB] (49 of 56) [CW-16312/2024]
doubt true that the AICTE prescribed two modes of admission -
One is merely dependent on the qualifying examination and the
other dependent upon the marks obtained at the Common
Entrance Test. The appellant in the present case prescribed the
qualification of having secured certain percentage of marks in the
related subjects which is higher than the minimum in the
qualifying examination in order to be eligible for admission. If
higher minimum is prescribed by the State Government than
what had been prescribed by the AICTE, can it be said that it is
in any manner adverse to the standards fixed by the AICTE or
reduces the standard fixed by it? In our opinion, it does not. On
the other hand, if we proceed on the basis that the norms fixed
by the AICTE would allow admission only on the basis of the
marks obtained in the qualifying examination the additional test
made applicable is the common entrance test by the State
Government. If we proceed to take the standard fixed by the
AICTE to be the common entrance test then the prescription
made by the State Government of having obtained certain marks
higher than the minimum in the qualifying examination in order
to be eligible to participate in the common entrance test is in
addition to the common entrance test. In either event, the
streams proposed by the AICTE are not belittled in any manner.
Visweswaraiah Technological Univ.& ... vs Krishnendu Halder & Ors on 18 February, 2011
(ii) The observation in para 41(vi) of Adhiyaman to the
effect that where seats remain unfilled, the state
authorities cannot deny admission to any student
satisfying the minimum standards laid down by AICTE,
even though he is not qualified according to its standards,
is not good law.
Shri Ram Krishna Dalmia vs Shri Justice S. R. Tendolkar & ... on 28 March, 1958
41. Learned AAG relied upon the judgment delivered by Hon'ble
Supreme Court in the case of Preeti Srivastava Vs. State of
M.P. & Ors. reported in (1999) 7 SCC 120, State of T.N. and
Anr. Vs. S.V. Bratheep (Minor) and Ors. reported in (2004) 4
SCC 513, Visveswaraiah Technological Universities & Ors.
Vs. Krishnendu Halder & Ors. reported in (2011) 4 SCC 606,
Ram Krishna Dalmia Vs. Justice Tendolkar reported in 1958
SCC OnLine SC 6, Namit Sharma Vs. Union of India reported
in (2013) 1 SCC 745, Chief Manager Punjab National Bank &
Anr. Vs. Anit Kumar Das reported in (2021) 12 SCC 80,
Zahoor Ahmad Rather & Ors. Vs. Sheik Imtiaz Ahmad and
ors. reported in (2019) 2 SCC 404 and judgment delivered by
this Court in the case of Bhikam Chand Vs. State of Rajasthan
& Ors. (D.B.C.W.P. No. 737/2023).
Petitioner No. 6 For Placing On Record ... vs Union Of India And Ors on 14 December, 2020
41. Learned AAG relied upon the judgment delivered by Hon'ble
Supreme Court in the case of Preeti Srivastava Vs. State of
M.P. & Ors. reported in (1999) 7 SCC 120, State of T.N. and
Anr. Vs. S.V. Bratheep (Minor) and Ors. reported in (2004) 4
SCC 513, Visveswaraiah Technological Universities & Ors.
Vs. Krishnendu Halder & Ors. reported in (2011) 4 SCC 606,
Ram Krishna Dalmia Vs. Justice Tendolkar reported in 1958
SCC OnLine SC 6, Namit Sharma Vs. Union of India reported
in (2013) 1 SCC 745, Chief Manager Punjab National Bank &
Anr. Vs. Anit Kumar Das reported in (2021) 12 SCC 80,
Zahoor Ahmad Rather & Ors. Vs. Sheik Imtiaz Ahmad and
ors. reported in (2019) 2 SCC 404 and judgment delivered by
this Court in the case of Bhikam Chand Vs. State of Rajasthan
& Ors. (D.B.C.W.P. No. 737/2023).
Chief Manager Punjab National Bank vs Anit Kumar Das on 3 November, 2020
41. Learned AAG relied upon the judgment delivered by Hon'ble
Supreme Court in the case of Preeti Srivastava Vs. State of
M.P. & Ors. reported in (1999) 7 SCC 120, State of T.N. and
Anr. Vs. S.V. Bratheep (Minor) and Ors. reported in (2004) 4
SCC 513, Visveswaraiah Technological Universities & Ors.
Vs. Krishnendu Halder & Ors. reported in (2011) 4 SCC 606,
Ram Krishna Dalmia Vs. Justice Tendolkar reported in 1958
SCC OnLine SC 6, Namit Sharma Vs. Union of India reported
in (2013) 1 SCC 745, Chief Manager Punjab National Bank &
Anr. Vs. Anit Kumar Das reported in (2021) 12 SCC 80,
Zahoor Ahmad Rather & Ors. Vs. Sheik Imtiaz Ahmad and
ors. reported in (2019) 2 SCC 404 and judgment delivered by
this Court in the case of Bhikam Chand Vs. State of Rajasthan
& Ors. (D.B.C.W.P. No. 737/2023).
Zahoor Ahmad Rather vs Sheikh Imtiyaz Ahmad on 5 December, 2018
41. Learned AAG relied upon the judgment delivered by Hon'ble
Supreme Court in the case of Preeti Srivastava Vs. State of
M.P. & Ors. reported in (1999) 7 SCC 120, State of T.N. and
Anr. Vs. S.V. Bratheep (Minor) and Ors. reported in (2004) 4
SCC 513, Visveswaraiah Technological Universities & Ors.
Vs. Krishnendu Halder & Ors. reported in (2011) 4 SCC 606,
Ram Krishna Dalmia Vs. Justice Tendolkar reported in 1958
SCC OnLine SC 6, Namit Sharma Vs. Union of India reported
in (2013) 1 SCC 745, Chief Manager Punjab National Bank &
Anr. Vs. Anit Kumar Das reported in (2021) 12 SCC 80,
Zahoor Ahmad Rather & Ors. Vs. Sheik Imtiaz Ahmad and
ors. reported in (2019) 2 SCC 404 and judgment delivered by
this Court in the case of Bhikam Chand Vs. State of Rajasthan
& Ors. (D.B.C.W.P. No. 737/2023).