DEEPAK ROSHAN
Pragyan Foundation, a Public Charitable Trust – Appellant
Versus
State of Jharkhand, through the Chief Secretary – Respondent
JUDGMENT :
Deepak Roshan, J.
Heard learned counsel for the parties.
2. The petitioner, being a public charitable trust registered under the Indian Registration Act, 1908, has approached this Court praying therein for quashing/setting aside of the decision as contained in Memo No. 471 dated 20.03.2024, passed by the Department of Higher and Technical Education, State of Jharkhand; whereunder an order has been passed for forfeiting the entire endowment fund to the tune of Rs. 4,00,00,000/- (Four Crores) only of the petitioner.
3. The brief facts as it appears from the pleadings is that the petitioner’s charitable trust has been registered with the object to impart education, medical relief, relief to poor, etc. and was desirous to establish a University at Ranchi in the State of Jharkhand.
4. The Government of Jharkhand framed a ‘Model Guidelines’ for establishment and incorporation of Private Universities in the State of Jharkhand primarily with a view to improve access to the Higher Education in the State to enhance the Gross Enrolment Ratio and also to improve overall quality of Higher Education in Jharkhand by encouraging reputed Educational Institutions to set up new Institutions in
State of Odisha and Anr. Vs. Anup Kumar Senapati & Anr.
Gajraj Singh vs. State Transport Appellate Tribunal (1997) 1 SCC 650
The repeal of a statute nullifies any authority to act under it, including forfeiture of funds, unless explicitly saved by a saving clause.
Right to equality – Though a legislation affecting a single entity or a single undertaking or a single person would be permissible in law, it must be on the basis of reasonable classification having ....
The court emphasized the importance of compliance with the Haryana Private University Act 2006, highlighting the prohibition on affiliating or opening off-shore campuses outside the state and the req....
Management transfers and closures of educational institutions are governed by different statutory provisions; minority status institutions are entitled to protections that prevent unwarranted state i....
Notification for starting a new education institution - Permission for starting new colleges can be granted only to co-operative institutions, which have sufficient financial background and prior exp....
The exercise of discretion by the State Government under Section 109(3)(d) of the Maharashtra Public Universities Act, 2016 must be judicious and reasons must be recorded for granting or refusing Let....
The issuance of a Letter of Intent does not grant full-fledged permission to establish a University, and the Government is entitled to ensure compliance with the conditions before permitting the peti....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.