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No doubt the question of affiliation was a different matter and was not covered by the Central Act but in the Tamil Nadu case,it was held that the University could not impose any conditions inconsistent with the AICTE Act or its Regulation or the conditions imposed by the AICTE.Therefore,the procedure for obtaining the affiliation and any conditions which could be imposed by the University,could not be inconsistent with the provisions of the Central Act | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The University could not,therefore,in any event have sought for 'approval' of the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thus we hold,in the present case that there was no statutory require-ment for obtaining the approval of the State Government and even if there was one,it would have been repugnant to the AICTE Act | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The University statute 9(7) merely required that the 'views' of the State Government be obtained before granting affiliation and this did not amount to obtaining 'approval'.If the University statute required 'approval',it would have been repugnant to the AICTE Act | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Point 1 is decided accordingly | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Point 2 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Factual position and pleadings in this case | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On facts,the position was that the AICTE had granted approval on 30.4.95 expressly stating that this was "on consideration of the observations made by the Expert Committee and the recommendations made by the Central Regional Committee,State Level Committee,Central Task Force as per the provisions of AICTE Regulations dated 31.10.94".The AICTE had granted condition approval and the conditions were specified in Annexure | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
I to the order and the general conditions were enlisted in Annexure II.The | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State Government was directed by the AICTE to announce admission in accordance with Regulation notified on 20.5.94 and based on the judgment of the Supreme Court in Unnikrishnan v | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State of Andhra Pradesh,[1993] 1 SCC | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
645 1993 Indlaw SC 1168.The Mahatma Gandhi University had included this appellant in the list of colleges and courses which were granted affiliation during 1995-96 and the University had written to the State Government on 31.5.95 that as per statute 9(7),the "views" of the government were to be sent before granting affili-ation | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The letter said that for that reason the proposals of the University were being submitted to the Government "for necessary action".The appellant had sent a reminder on 26.8.95.The State in its letter dated 16.8.96 to the appellant merely stated "that government regret their inability to comply with your request".No reasons were assigned in the said letter | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But the State in its counter filed in the High Court tried to explain that the Director of Technical Education had opined that during the year 1995-96,it might not be practicable to start the college for the Director could not ascertain the details of the facilities available | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was stated : "he could not ascertain the infrastructural facilities provided by the appellant as per the norms prescribed by the All India Council of Technical Education | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The All India Council for Technical Education and the Mahatma Gandhi University have sought for the remarks of the State Government | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Para 4 of the Counter affidavit had further stated that the Government was not "in a position to take a decision to start new Engineering college without properly assessing the necessity of more engineering gradu-ates in the State and exploring the possibility of employment oppor-tunity in the country to the extent possible | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The State Government in its counter then gave the names of the existing colleges and their location | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We have already referred to these details | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It also observed that there was widespread student prospects against starting new colleges and it was necessary to be cautious in the matter of starting new engineering colleges | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was stated that Government could not initially take a decision on the appellant's affiliation because of elections and that matter being one of 'major policy' the Government had subsequently "taken a policy decision not to sanction any affiliation to such colleges either in the private sector or in the public sector for this year".These are stated to be the reasons for the government's rejection by letter dated 16.8.96 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State Government's refusal to grant permission is illegal and void on merits | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As already stated,in view of the judgment of this Court in Tamil Nadu case,it is obvious that there is no need to approach the State of Kerala for its approval for starting the Engineering colleges | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There is no power vested in the State under any State Law to grant approval and even if it was so vested,it would have been void in view of Tamil Nadu case | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This ground of repugnancy alone would be sufficient to quash the State Government's letter dated 16.8.1996 refusing to give their approval | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Even on merits,the reasons given by the State Government in its counter are not tenable in law | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Director of Technical Education of the State was a member of the State Level Committee as per regulation 9(4) of the AICTE Regulations | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Secretary,Technical Education of the State of Kerala was also a member of that Committee | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The AICTE's approval dated 30.4.95 showed that the approval had been given by the State Level Com-mittee of which they were obviously members | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is,therefore,not under-standable how the Director had given a contrary opinion to the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Regulation 8(4) of AICTE only required calling for the "com-ments/recommendations" of the State Government and of the University | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In case,there was difference between the State Government,University or the Regional Committee the Central Task Force was to make a final recommen-dation under Regulation | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
8(4).Here | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the letter of approval of the AICTE dated 30.4.95 showed that the Central Task Force had given its approval | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The said approval was based also on the inspection by the Expert Committee of the AICTE.Hence the State Government in its counter,could not have relied upon any contrary opinion of the Director of Technical Education | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If the State Government had any other valid objections,its only remedy was to place its objections before the AICTE Council under the AICTE Act or before the Committees,e.g | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State Level Committee etc | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The so called 'policy' of the State as mentioned in the counter affidavit filed in the High Court was not a ground for refusing approval | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Thirwnuruga Kirupan and Variyar Thavathiru Sundara Swamigal Medical Education & Charitable Trust v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
State of Tamil Nadu & Others,[1996] 3 SCC 15 1996 Indlaw SC 858,which was a case relating to Medical Education and which also related to the effect of a Central Law upon a law made by the State under Entry 25 List III,it was held that the "essentiality certificate cannot be withheld by the State Government on any policy consideration because the policy in the matter of establishment of a new medical college now vests with the Central Government alone | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,the State could not have any "policy" outside the AICTE Act and indeed if it had a policy,it should have placed the same before the AICTE and that too before the latter granted permission | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Once that procedure laid down in the AICTE Act and regulations had been followed under Regulation 8(4),and the Central Task Force had also given its favourable recommendations,there was no scope for any further objection or approval by the State | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We may however add that if thereafter,any fresh facts came to light after an approval was granted by the AICTE or if the State felt that some conditions attached to the permission and required by the AICTE to be complied with,were not complied with,then the State government could always write to the AICTE,to enable the latter to take appropriate action | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Decision of University in not granting further or fined affiliation wrong on merits | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Admittedly,the University's inspection report was in favour of the appellant | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This is clear from the appellant's letter dated 31.5.95 to the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The only requirement as per the statute 9(7) was for the University to obtain the "views" of the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Obtaining the 'views' of the State Government,as already stated,did not amount to obtaining its 'approval'.Procedure and conditions for affiliation could not be inconsistent with the provisions of the Central Act,in particular s.10(k) of the Regulation,and the University could not seek approval of Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The University was also one of the agencies consulted by the council of the AICTE under Regulation 8.Once that was over,and approval was granted by the AICTE,if there was any default on the part of the College in compliance with the conditions of approval,the only remedy for the Univer-sity was to bring those facts to the notice of the AICTE so that the latter could take appropriate action | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Reliance for the respondent was placed upon the subsequent report of the Syndicate dated 7.8.97.This report no doubt pointed out that the appellant had not complied with certain conditions mentioned in the approval dated 30.4.95 granted by the AICTE.Assuming certain fresh facts had come to the notice of the University,it could only place the said facts before the AICTE | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thus,the University ought to have considered the grant of final or further affiliation without waiting for any approval from the State Govern-ment and should have acted on the basis of the permission granted by AICTE and other relevant factors in the University Act or statutes,which are not inconsistent with the AICTE Act or its Regulations | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For the aforesaid reasons,we set aside the judgment of the Division Bench of the High Court and uphold the reasoning of the learned Single Judge in his judgment in OP 4612/96 dated 14.1.1997.We hold that the approval of the AICTE was sufficient,we do not also think that it was necessary for the learned Single Judge to direct the State Government to reconsider its decision | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned Single Judge's order quashing the letter of the State Government dated 16.8.96 is upheld | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The direction to the Mahatama Gandhi University to consider the application of the appellant for final affiliation or continuance of affiliation is confirmed and this is to be done on the basis of the approval granted by the AICTE dated 30.4.95,or any other relevant factors in the University Act or its statutes,which are not inconsistent with the AICTE Act or its Regulations | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appeal is allowed and disposed of as stated above | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There will be no order as to costs | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
M.JAGANNADHA RAO,J | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The petitioner was not a party in the High Court of Kerala and this Special Leave Petition was filed with leave of this Court | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We find that the petitioner has already filed a Writ Petition in the Delhi High Court namely CWP No.952 of 1998 and the same is pending | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It will be for the petitioner to have the said matter disposed of by the High Court of Delhi | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,this special leave petition is dismissed as premature | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appeal allowed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Ujjagar Singh, the appellant herein, a resident of village Bangawali, Tehsil Malerkotla, was tried and convicted by the Additional Sessions Judge, Sangrur for the murder of his niece Mukhtiar Kaur and was awarded the death penalty | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In addition, he was convicted for an offence punishable u/s | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
376 of the IPC and sentenced to undergo rigorous imprisonment for 10 years and to a fine of Rs.5, 000/- and in default of payment to undergo further R.I. for one year and u/s | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
309 of the IPC to a sentence of simple imprisonment for one year | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The aforesaid convictions and sentences have been maintained by the High Court and the matter is before us in these proceedings by way of special leave | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The facts of the case are as under | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
At about 2.00 p.m. on 10th November 2002 a boy whose identity is not forthcoming, informed Satnam Singh PW2 that an incident of firing had taken place in the house of Ujjagar Singh situated in the fields on the outskirts of the village | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Satnam Singh conveyed this information to Sarpanch Jora Singh PW1 who was attending a marriage at that time | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Jora Singh accompanied by Gurdeep Singh PW3 thereupon rushed to Ujjagar Singh's house and found Mukhtiar Kaur lying dead with a gun shot injury and the appellant also with a gun shot injury lying unconscious on the ground in the adjoining room | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Jora Singh and Gurdeep Singh immediately removed Ujjagar Singh to the Civil Hospital, Dhuri in the jeep belonging to Kulwant Singh PW4 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Jora Singh also met Inspector Harjinder Pal Singh PW14 at 4.40 p.m. near the hospital, who recorded his statement at that place and with his endorsement Ex | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
P.A. sent it to Police Station, Dhuri where the formal FIR was registered at about 4.45 p.m. with the special report being delivered to the Illaka Magistrate at Dhuri itself at 6.20 p.m. the same evening | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The facts as narrated were that Arjan Singh of village Bangawali had three sons Puran Singh, Ujjagar Singh (appellant) and Ajmer Singh | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Puran Singh had died about 20 years earlier leaving behind his wife, two sons and a daughter Mukhtiar Kaur | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The two sons and the wife also died long before the incident and Mukhtiar Kaur the sole surviving member of this branch of the family had been married to Balwinder Singh PW9 about 9 or 10 years earlier | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Puran Singh had however transferred 30 or 35 bighas of agricultural land falling to his share after the death of his father in the name of the appellant's sons by a collusive decree in the year 1994 and the suggestion was that this transaction had been objected to by Mukhtiar Kaur who was demanding that the land be returned to her | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It appears that Mukhtiar Kaur's relations with her in-laws had got strained and she had left her matrimonial home and come to live with Ujjagar Singh, her uncle, 7 or 8 months earlier and the suggestion was that Mukhtiar Kaur had been killed by the appellant with his licensed gun and he had thereafter attempted to commit suicide | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Having recorded the aforesaid facts in the FIR, PW14 Inspector Harjinder Pal Singh reached the place of incident and lifted one spent 12 bore cartridge case (Shaktiman make) from near Mukhtiar Kaur's dead body and one DBBL gun from the place where Ujjagar Singh appeared to have been shot and another spent cartridge case was recovered from the right barrel of the gun | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
After completion of the investigation at the spot, Mukhtiar Kaur's dead body was sent for its post-mortem examination | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The post-mortem examination was also conducted by PW5 Dr. Ishwar Singh, Medical Officer, Civil Hospital along with Dr. Harwinder Kaur PW17 and it was found that Mukhtiar Kaur had two gunshot injuries on her dead body, a wound of entry on the back of right side of chest 2 cm x 1 cm with margining and blackening and a corresponding exit wound of 5 cm x 3.5 cm to the front of the right side of the chest | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Dr. Harwinder Kaur aforesaid also took swabs from the vagina of the deceased and as per the chemical examiner's report dated 2.1.2003 semen was found on the swab taken from the vagina and from the underwear that Mukhtiar Kaur had been wearing at the time of her death | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The weapon and the recovered cartridge cases had also been sent to the Forensic Science Laboratory which in its report dated 4.8.2004 opined that the crime cartridge case CI 'could' have been fired by the right barrel of the weapon whereas the crime cartridge case C2 'had been' fired from the right barrel | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the completion of the investigation, a charge-sheet under sections 302, 376 and 309 of the IPC was filed against the accused and as he pleaded not guilty he was brought to trial | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
During the trial Jora Singh PW1, Satnam Singh PW2, Gurdeep Singh PW3 and Kulwant Singh PW4 resiled from their statements given to the police and were declared hostile | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Balwinder Singh PW9, however, supported the prosecution case deposing that the land had in fact been got transferred from Gurmail Kaur, mother of Mukhtiar Kaur to Ujjagar Singh by fraud and Mukhtiar Kaur was therefore entitled to its return | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He also deposed that Mukhtiar Kaur had told him some time earlier that the accused had been beating her and had also committed sexual intercourse with her and that at about 11 p.m. on 10.11.2002 Karam Singh PW10 had informed him as to what had transpired on which he along with his father Hamir Singh PW12 and several others had rushed to Bangawali | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
PW10 Karam Singh aforesaid confirmed the story given by Balwinder Singh | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The prosecution also relied on the statements of Dr. Vijay Kumar PW6 of the Civil Hospial, Dhuri who testified that the appellant had been brought to the hospital at about 2.45 p.m. on 10.11.2002 with a serious gun shot injury, Dr. Ripan Miglani PW15 of the Dayanand Medical College & Hospital, Ludhiana who deposed that he had been admitted to the department of Neuro surgery with a serious gun shot injury and Dr. Sanjay Uppal PW16, a plastic surgeon who disclosed that the appellant had been under his treatment for almost 5 weeks and the burnt area around the firearm injury had been removed by him | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The prosecution also placed reliance on the statement of ASI Jasbir Singh PW11 who had accompanied Inspector Harjinder Pal Singh PW14 to the place of incident and supported the recoveries made from the spot | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The prosecution case was then put to the accused and his statement recorded u/s | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
313 of the Cr | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
P.C | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In reply to question 33 he stated as under: "I am innocent | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
I have been implicated falsely in this case | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
I was treating Mukhtiar Kaur as my daughter and loved her as my daughter | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
False allegations have been levelled against me | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
I never harassed Mukhtiar Kaur nor ever got her land mutated from her mother by fraud | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
I have not killed Mukhtiar Kaur | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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