Social Guidance

The Board/Council trustees/members has the constitutional right under Article 19 (1) (g) to pursue any profession or any occupation and running teaching institutes have been included as part of occupation as held by Hon’ble Supreme Court in T.M.A. Pai Foundation Vs. State of Karnataka (SC) 2003 (2) SCT 385. The relevant portion of the above said judgment is reproduced as under:-

“Private education is one of the most dynamic and fastest growing segments of post-secondary education at the turn of the twenty –first century. A combination of unprecedented demand for access to higher education and the inability or unwillingness of government to provide the necessary support has brought private higher education to the forefront. Private institutions with a long history in many countries, are expanding in scope and number, and are becoming increasingly important in parts of the world that relied almost entirely on the public sector.

FUNDAMENTAL RIGHT AND REASONABLE RESTRICTION UNDER CONSTITUTION OF INDIA

The only reasonable restriction on the exercise of this right can be imposed under Article 19 (1) (g) and is imposed in clause 19 (6). The only restriction is that State can make the law imposing reasonable restriction in the interest of general public or any restriction regarding profession and technical qualification necessary for practicing any profession or occupation, trade or business. Since so far no such professional or technical qualification have been notified, therefore, the trustees/members of the Board/Council through their Society  have a fundamental right to carry on the profession / occupation of running the Institutes which imparts education.

NO OBJECTION TO GOVT. ON THE NAME OF COUNCIL

We want to also clarify that some states an objection has been pointed out to the name of the Board/Council in private sector but later all such objections have been resolved after the Board/Council pointed out that the world “Board” / “Council”  is not reserved by any statute that it can not be used by any other trust. Many Boards/Councils had applied to the Registration Authority and they have approved of the name of “Board” /Council. If there would have been any objection to its name or this name is not permitted by law then the Registrar would not had registered it.

OTHER PRIVATE BOARDS/BODIES AND PRESS NEWS ABOUT PRIVATE BOARD

Other Parallel Private bodies/Boards and Councils: Bhartiya Shiksha Parishad (www.bspuplko.org), Council of Secondary Education Mohali www.csemohali.org) , Board of Higher Secondary Education, Delhi(Banga) (www.bhse.co.in) , Board of School and Technical Education (C.G.) (www.bstecg.edu.in) , Board of Secondary Education, Gwalior (www.bsegwaliormp.com) , The Board of Technical and Secondary Education, Delhi (www.technicalboard.org) , Rural institute of Open Schooling (www.rios.ac.in) and many Private Boards are running in India.

Private board’s are not illegal : Says Court (From Hindusitan Newspaper 09-09-2004)

HON’BLE SUPREME COURT ORDER IN THE FAVOR OF COUNCIL OF SECONDARY EDUCATION, MOHALI

Dated 12-07-2013 , Supreme Court of India gives order in the favour of Council of Secondary Education, Mohali, about the admissions of pass out candidates of Council of Secondary Education in all Universities and the equivalency of Council of Secondary Education, Mohali with Other Govt. Board/Boards.

Note:Intermediate Council of Schooling Education is running parallel to Council of Secondary Education, Mohali, Status of Intermediate Council of Schooling Education is equal/same to Council of Secondary Education, Mohali, It means automatically decision of Court is applicable for all Parallel Bodies of Council of Secondary Education, Mohali.

PARALLEL BODIES, HUMAN RIGHT PROTECTION ACT

It is also pertinent to mention here that one of the prominent and well known Boards providing Secondary and Senior Secondary Examinations for the students all over the country is the Council for Indian School Certificate Examinations (CISCE), which is a registered society. So is the CBSE which stands for Central Board of Secondary Education.

Under HUMAN RIGHTS PROTECTION ACT ,1993 autonomous bodies have been given special protection & consideration.( For further details refer: AIR 1993 SC-2178.)

NOTE: NORTH INDIA INSTITUTE OF OPEN SCHOOLING IS RUNNING UNDER INDIAN EDUCATION ACT AND GOVT. RECOGNISED ACCORDING TO ABOVE NOTICE.

Recognition of Degree/Diploma by Govt. of India
NOTIFICATION NO. P 26/4/52 C.C.
GOVERNMENT OF INDIA
Ministry of Home Affairs
New Delhi

Dated : 20th September, 1952

Subject: Recognition of the Examination

According to Ministry of the Home Affairs Government of India.

Notification No. 26/4/52 C.C. Dated 20/09/52 issued in consultation with the

Union Public Service Commission, that in case of Degree/Diploma awarded

by Board & University in India which are in corporate by one Act of Central

or part & State Legislature in India. No formal orders. Recognized

automatically for the purpose of employment.

Sd/-
Harish Chandra
Under Secretary Government of India

Suprime Court Judgement