Karnataka Open Schooling Education – Legally Established Minority Education Open Board
The Board/Council trustees/members have the constitutional right under Article 19(1)(g) to pursue any profession or occupation, and running teaching institutes has 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. 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.
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 professional and technical qualification necessary for practicing any profession or occupation, trade or business. Since so far no such professional or technical qualification has been notified, the trustees/members of the Board/Council through their Society have a fundamental right to carry on the profession/occupation of running Institutes which impart education.
We want to clarify that in some states an objection has been pointed out to the name of the Board/Council in the 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. Many Boards/Councils had applied to the Registration Authority and they have approved 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 have registered it.
Other Parallel Private Bodies/Boards and Councils: Bhartiya Shiksha Parishad, Council of Secondary Education Mohali, Board of Higher Secondary Education Delhi, Board of School and Technical Education (C.G.), Rural Institute of Open Schooling and many Private Boards are running in India. Private Boards are not illegal: Says Court (Hindustan Newspaper 09-09-2004).
Dated 12-07-2013, Hon'ble Supreme Court of India gave order in favour of a Private Board about the admissions of pass-out candidates. Hon'ble Supreme Court's Judgment: AIR 1993 SC-2178. Hon'ble High Court's Lucknow Bench, Stay Order No. 744/91. Hon'ble Supreme Court Writ Petition 676/2014 by a Private Board.
MHRD issued a letter dated 25-10-2012 stating: "It is informed that Ministry of Human Resource Development does not give recognition to education boards. It is also informed that Ministry of HRD does not regulate the setting up of educational boards."
Letter by Dep. Secretary of CBSE NEW DELHI (DATED: 03-01-2012, REF. NO. COORD/RTI/5157/2011/23-24): "A registered Society is eligible to issue certificates to the qualified candidates."
Under the HUMAN RIGHTS PROTECTION ACT, 1993, autonomous bodies have been given special protection and consideration. For further details refer: AIR 1993 SC-2178. NOTE: KARNATAKA OPEN SCHOOLING EDUCATION (KOSE) IS A LEGAL SELF-AUTONOMOUS PRIVATE BODY ACCORDING TO THE ABOVE NOTICES.
Registered under Govt. permission as Minority Education Open Board under the Constitution of India.
Non-formal, open, continuing and distance education system – study at your own pace anywhere.
Dedicated to women, minorities, working professionals and disadvantaged sections of society.
