Vikaramshila Health And Technical Education Council (V.H.T.E.C.)

COUNCIL OF SKILL DEVELOPMENT, SELF EMPLOYMENT & EDUCATION DEVELOPMENT, IS ESTABLISHED WITH PERMISSION OF GOVT. UNDER TRUST ACT 1882, GOVT. OF BIHAR IS VIDE REGD. NO. 40/2018 AND GOVT. OF NCT-DELHI VIDES REGD. NO. IS 398/4. THE NGO'S 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. EVERY COURSE VALIDITY IS SUBJECT TO STATE LAWS. WITH THE PRIVATIZATION OF EDUCATION IN INDIA IT IS NOT ONLY THE DUTY OF ONE DEPARTMENT OR MONOPOLY OF ONE BUT EVERYBODY INCLUDING NGO’S CAN CONTRIBUTE ETHICALLY IN PUBLIC INTEREST TO IT. 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 the 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 incorporate by one Act of Central or part & State Legislature in India. No formal orders. Recognized automatically for employment. Sd/- Harish Chandra Under Secretary Government of India 1. The aims and objectives of the Board/Council are to provide education for especially disadvantaged groups. The mission of the NGO'S Board is to achieve all-around development and growth for the masses through education. Our main target is self-employed working professional students who cannot complete their studies due to economic strains or other domestic reasons. 2. The NGO'S Board/Council trustees/members have 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 the 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. 3. Not only has demand overwhelmed the ability of the governments to provide education but there has also been a significant change in the way that higher education is perceived. The idea of an academic degree as a “private good” that benefits the individual rather than a “public good” for society is now widely (sic). The logic of today’s economics and an ideology of privatization have contributed to the resurgence of private higher education and the establishment of private institutions where none or very few existed before. 4. The right to establish and administer broadly comprises of the following rights:- • to admit students; • to set up a reasonable fee structure; • to constitute a governing body; • to appoint staff (teaching and non-teaching); and • to take action if there is dereliction of duty on the part of any employees. 5. A University Education Commission was appointed on 4th November, 1948, having Dr. S. Radhakrishnan as its Chairman and nine other renowned educationists as its Members. The terms of reference, inter alia, included matters relating to means and objects of university education and research in India and maintenance of higher standards of teaching and examination in universities and colleges under their control. In the report submitted by this commission, in paras 29 and 31, it referred to autonomy in education which reads as follows:- “University Autonomy- Freedom of individual development is the basis of democracy. Exclusive control of education by the State has been an important factor in facilitating the maintenance of totalitarian tyrannies. In such States institutions of higher learning controlled and managed by governmental agencies act like mercenaries, promote the political purposes of the State, make them acceptable to an increasing number of their populations and supply them with the weapons they need. We must resist, in the interests of our own democracy, the trend towards the governmental domination of the educational process. Higher education is, undoubtedly, an obligation of the State but State aid is not to be confused with State control over academic policies and practices. Intellectual progress demands the maintenance of the spirit of free inquiry. The pursuit and practice of truth regardless of consequences has been the ambition of universities. Their prayer is that of the dying Goethe: “More light” or that of Ajax in the mist “Light, though I perish in the light”. The respect in which the universities of Great Britain are held is due to the freedom from governmental interference which they enjoy constitutionally and actually. Our universities should be released from the control of politics. Liberal Education- All education is expected to be liberal. It should free us from the shackles of ignorance, prejudice and unfounded belief. If we are incapable of achieving the good life, it is due to faults in our inward being, to the darkness in us. The process of education is the slow conquering of this darkness. To lead us from darkness to light, to free us from every kind of domination except that of reason, is the aim of education” 6. There cannot be a better exposition than what has been observed by these renowned educationists with regard to autonomy in education. The aforesaid passage clearly shows that the governmental domination of the educational process must be resisted. Another pithy observation of the Commission was that state aid was not to be confused with state control over academic policies and practices. The observations referred to hereinabove clearly contemplate educational institutions soaring to great heights in pursuit of intellectual excellence and being free from unnecessary government controls.” 7. 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. 8. 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. 1. Under HUMAN RIGHTS PROTECTION ACT, 1993 autonomous bodies have been given special protection & consideration.( For further details refer: AIR 1993 SC-2178. FEATURES: • Our motto is Education, Health & Character. • To give the best possible teaching and training to its students. So that they can serve society effectively and with dignity. • Democratizing higher education by taking it to the doorsteps of learners. • Providing assess to high quality to all those who seek it irrespective of age, region or formal qualifications. • Offering need based academic programmers by giving professional and vocational orientation to the course. • To promoting and developing distance education in India & Abroad. • To individualised study: - flexibility in terms of place and duration of study • To give cost effective and self employment education pro LEGAL STATUS OF FSDSEED(PAIOPMCI )/Sister concerns/allied bodies/Parent body Perwp with the help of educational experts, will educate uneducated boys, girls, men, and women for the upliftment of literacy in India. So that they can serve society effectively and with dignity. FSDSEED(PAIOPMCI will impart education with international techniques and with stress on morally, mentally, physically, and socially personality. Ours is an autonomous self-financed body and all private educational Boards / Councils or associations or voluntary orgs/NGOs are autonomous bodies. Each educational organization is having discretionary powers. According to these powers, every board /university/state Govts. / Central Govt. of India is having the liberty and right to take its own decision either to allow or refuse any admission/service. But we strive to give our best to make the non-formal education program a grand success. All the education programs conducted by FSDSEED(PAIOPMCI) are autonomous. Legality, Validity, Utility of the education programs of by FSDSEED(PAIOPMCI is in 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 FSDSEED(PAIOPMCI)members has the constitutional right under Article 19 (1) (g) to pursue any profession or any occupation and administering 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 the 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 restrictions in the interest of the general public or any restriction regarding the profession 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, therefore, the trustees/members of the NGO through their Society have a fundamental right to carry on the profession/occupation of running the Institutes which imparts education. Private boards are not illegal: Says Court (From Hindustan Newspaper 09-09-2004) HON’BLE SUPREME COURT ORDER IN THE FAVOUR OF PRIVATE BOARDS Dated 12-07-2013, Hon’ble Supreme Court of India gives the order in the favour of AØ Private Board about the admissions of pass out candidates. Hon’ble Supreme Court’s Judgment: AIR 1993 SC-2178.Ø Hon’ble High Court’s Lucknow Bench, Stay Order No. 744/91Ø Hon’ble Supreme Court Writ Petition 676/2014 by a Private BoardØ 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.)

RECOGNISATION PDF

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