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Queen Mary???S School Thru Its ... vs U.O.I. on 21 November, 2011

9. The Petitioner further submits that the DoE's scrutiny, in the case of a minority institution, cannot be enlarged into supervisory control over the choice of head of the institution. On that line, reliance is placed on Queen Mary's School v. Union of India1, and the broader Article 30 position that the right to choose the head of a minority institution forms part of its protected sphere of administration, subject at most to the requirement that the appointee possess the prescribed qualifications. The Petitioner also contends that the DoPT Office Memorandum dated 24 th March, 2009, relied upon in the impugned order, cannot be read de hors the recruitment rules and, indeed, contemplates incorporation into statutory rules by suitable amendment.
Delhi High Court Cites 18 - Cited by 6 - S R Bhat - Full Document

Sindhi Education Society & Anr vs Chief Secretary,Govt.Of Nct Of ... on 8 July, 2010

17. The Respondents' reliance on Rule 107 of DSEAR and the general principle of parity does not, at least at this stage, carry the matter as far as they suggest. Rule 107 deals with fixation of pay. It provides that pay on "promotion to a higher grade or post" shall be determined in accordance with the same rules as apply to an "employee of Government school". That may justify application of the relevant pay-fixation norms. It does not, without more, answer a different question altogether, namely whether the DoE could veto the promotion itself in a minority aided school after the management had already made it. The rule addresses the financial consequence of promotion; it does not, in terms, confer any power to disapprove the management committee's choice of Principal. This distinction must be maintained in light of the constitutional position as well. The regulatory framework governing minority institutions is intended to 2 See: Sindhi Education Society & Anr. v. Chief Secretary, Government of NCT of Delhi & Ors. (2010) 8 SCC 49.
Supreme Court of India Cites 78 - Cited by 161 - S Kumar - Full Document
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