Private University Act, 1992

 

Private
University Act [XXXIV of 1992]

Section 6—

Where an
application filed under sub-section (2) of section 6 of the Private University
Act the Minister provisionally accorded permission to start the University and
there being no order under sub-section 4 of the said section rejecting the
petition and the matter is pending for long the notice given by the authority
omitting the name of the petitioner from the category of University obtaining
permission was illegal.

Dhaka
International University vs Secretary, Ministry of Education and others 51 DLR
91.

 

Section 7(d)—

The
submission of the learned Counsel that the amended section 7(d) should not
receive a retrospective construction, would have applied if a right had already
accrued in favour of the respondent.

Secretary,
Ministry of Education, Government of People’s Republic of Bangladesh and others
vs North Point University 55 DLR (AD) 94.

 

Private University Act, 1992

 

Private
University Act, 1992

 

Section—6

Where
an application is filed under subsection (2) of section 6 of the Act the
Minister provisionally accorded permission to start the University and there
being no order under sub-section 4 of the said section rejecting the petition
and the matter is pending for long, the notice given by the authority omitting
the name of the petitioner from the category of University obtaining permission
was illegal, Petitioner university is functioning lawfully as there is no order
under sub-section (4) of Section 6 of the Act rejecting the application filed
under sub-section (2) of section 6 of the Act and there being no order
restraining the university from functioning.

Accordingly,
we hold that the impugned notice dated 6.3.97 in so far as it relates to the
petitioner published in the ‘Bhorer Kagoj’ on 7.3.97, which is prospective in
effect, seems to be an act done without lawful authority consequently we also
held that the added petitioner who passed their respective final examination
and whose results have been published are entitled to certificate of the degree.

Dhaka
International University Vs. Secretary, Ministry of Education and others, 19
BLD (HCD) 155.

Ref:
1986 (SC) 1188; 1991 (SC) 87—Not applicable.

 

Private University Act, 1992

Private
University Act, 1992

Section-6

We have
noticed that respondent No.1- University has already been in full commission on
account of assurances from the authority. Some 400 students have been prosecuting
their studies in the University. The said respondent has fulfilled most of the
conditions required under the Act . And the Grants Commission, as a matter of
fact, has also given their opinion in favour of according permission to
respondent No.1-University. Private universities tinder similar conditions have
already been granted provisional permission and they have been functioning
under administrative orders of the Government. In the circumstances permission
in the nature of administrative order in respect of this university seems to be
a formality which should be forthcoming from the Government in no time in
accordance with the application dated 21 May 1995 and the law then in force
then in force and in terms of the letter of the Grants Commission dated 14
October 1997.

Bangladesh &
Ors. Vs. Dhaka International University & Ors. 8 BLT(AD)-198.