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1 - 5 of 5 (0.23 seconds)Article 30 in Constitution of India [Constitution]
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.
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
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See: Sindhi Education Society & Anr. v. Chief Secretary, Government of NCT of Delhi & Ors. (2010) 8
SCC 49.
Debajit Borah & Others vs Tea Board India & Others on 18 June, 2014
v) The legality of the Circular dated 24-03-2009 has been
examined and upheld by the Hon'ble High Court of Calcutta vide
Judgment dated 14-12-2017 in Appeal No. 1957/20014 titled as
Debjit Borah & Ors vs Tea Board India & Others.
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