|Indian Board of School Education (WB) is a self autonomous , Independent Board, which is established vide Act XXI of 1963 for vocational and Academic educational purpose.
The Board is established for development of education under the guidelines of national education policy 1986 and programme of action 1992 Govt. of India respectively.
It has been constituted to regulate non formal Primary, Middle, Matriculation (10th), Senior Secondary (12th) education and other vocational courses (Under Self Employment Education Scheme) in India. With the help of educational experts to educate uneducated boys, girls, men and women for upliftment of the literacy in India. So that they can serve society effectively and with dignity. Board may impart education with international techniques and with stress on moral, mental, physical and social personality.
Like all educational boards/Universities ours is also an autonomous body. Each educational organization acts on its own discretionary powers. According to these powers every board / university / state Govts. / Central Govt. of India has the liberty and right to take its own decision either to allow or refuse any admission / service. But we do our best to make success the non formal education programme. All the education programme run by the board is board's own autonomous education programme. Legality, Validity, Utility of the education programme is strict conformity with the constitution of India and law of the land under Article 19(1)G, 29 & 30.
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."
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.
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 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.Â
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 (ICSE), which is a registered society. So is the CBSE which stands for Central Board of Secondary Education.