‘Private Board’s / Council are not ILLEGAL: Say’s Court’

From – Hindustan Newspaper (09-09-2014)

Aim, Act and Right of Council (IISTE)

The IISTE – Council registered under Government of India, is Legal Autonomous and nonprofit Institution and has legal right of teaching & training under the provision of constitution. Copies of Bylaws, prospectus, etc are sent to the various Authorities and Department of the Government of India/ State Government and Union Territories by the Council from time to time. The area of operation of the Council is wide and extensive all over India. Information centers of examination are situated in almost all-major cities of India Where semester/annual examinations are normally organized. Council is planning to open study examination centers for foreigners and non- resident Indians in various parts of the world.

Indian Institute for Secondary & Technical Education (IISTE) is fulfils the aims of vocational & educational right of India constitution 1950 under Article 14,15,19(1),21,26,29,30,45,46,&351.

Status Of Council

It has been constituted to regulate non formal Primary , Middle, Matriculation (10th), Senior Secondary (12th) education , Bachelor Degree ,Master Degree and other Vocational & Diploma/Certificate Courses (Under self-Employment Education scheme) India. With the help of Educational experts to educate uneducated boys, girls, men and women to upliftment the literacy in India. So that they can serve society effectively and with dignity. Council may impart education with international techniques and with stress on morally, mentally, physically and socially personality.

IISTE is an autonomous body and all educational Boards / Universities / Councils are autonomous bodies. Each educational organization having discretionary powers. According these powers every Board / University/State Govt. / Central Govt. of India having the liberty and right to take own decision either to allow or refuse any admission/ service. But we do our best to make success the non-formal education program. All the education programs run by the council is board’s own autonomous education program. Legality, Validity, Utility of the education program is strict conformity with the constitution of India and Law of the land under Article 19(1) G, 29& 30.

Judgment Of Hon’ble Supreme Court

The Board/councils, 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 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 entire 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 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 word Board/ Council is not reserved by any statute that it cannot be used by any other trust. Many Board /Council 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.

Letter Issued By Dep. Secretary Of The Cbse- New Delhi

Letter issued by Dep. Secretary of the CBSE – New Delhi (Dated 03-01-2012 vide REF. No-COORD/RTI/5157/2011/23-24).

In it clearly said ‘A Registered Society (having Govt. Approval) is Eligible to Issue Certificates to the Qualified Candidates.’