APPROVAL/ LEGALITY/
VALIDITY OF COUNCIL OF MANAGEMENT SCIENCE & TECHNOLOGY INDIA.
ACCORDING TO THE MINISTRY OF HOME AFFAIRS. GOVT. OF INDIA NOTIFICATION NO. 26/4/52 CC DATED. 20.09.1952 ISSUED IN CONSULTATION. WITH THE UNION PUBLIC SERVICE COMMISSION. THAT IN THE CASE OF DEGREE / DIPLOMA AWARDED BY BOARD/UNIVERSITY/COUNCIL CITY IN INDIA. WHICH ARE IN CARPORATED BY ONE ACT? OF CENTRAL OF PART B STATE LEGISLATURE IN INDIA. NO FORMAL ORDERS REORGANIZATION SUCH. DEGREE / DIPLOMA NEED BE ISSUED BY GOVERNMENT. SUCH DEGREE SHOULD BE RECOGNIZED AUTOMATICALLY FOR THE PURPOSE OF EMPLOYMENT.
1) NOTIFICATION
OF GOVT. OF INDIA
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: 20 September, 1952
SUBJECT:
RECOGNITION OF EXAMINATION
According to ministry of Home Affairs, Govt of
India Notification no: 26/4/52 CC Dated: 20/09/1952 issued in consultation with
Union Public Service commission, that in case of Degree/Diploma awarded by
Board/University/Council/Society in India which are in corporate by one Act of
Central or part & State Legislature in India. No formal orders.
Recognitions automatically for the purpose of employment.
Sd/-
Harish
Chandra
Under Secretary Government
of India
2) Govt. of
India National Education Policy, 1986 Notification for Autonomous and Self
Financed Institutions and Bodies.
3) According to
J.P.Unnikrishnan vs AndhraPradesh AIR 1993, Supreme Court 2178, Voluntary
Institutions/ Society have right to spread education & issue certificates
for Degree/Diploma.
4) Under Human Rights Protection Act, 1993,
Autonomous Bodies have been given special protection & consideration. (For
further details refer, AIR 1993SC – 2178)
5) JUDGEMENT
OF HON’BLE SUPREME COURT
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.
6) 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.
7) 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 cannot 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.
8) PARALLEL
BODIES, HUMAN RIGHT PROTECTION ACT
Under HUMAN RIGHTS PROTECTION ACT ,1993
autonomous bodies have been given special protection & consideration. (For
further details refer: AIR 1993 SC-2178.)
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