NOTIFICATION NO. P 26/4/52 C.C.
GOVERNMENT OF INDIA (Ministry of Home Affairs)
Dated: 20 September, 1952
SUBJECT: RECOGNITION OF EXAMINATION
According to Ministry of Home Affairs, Govt of India Notification no: P 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.
Under Secretary Government of India
GAZETTE OF INDIA (DEPARTMENT OF INDIA)
MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DEPARTMENT OF EDUCATION)
On the recommendations of the Board of Assessment for Educational Qualification the Government of India has decided that all qualification awarded through Distance Education by the universities established by an Act of Parliament of state Legislature Institutions Deemed to be universities under Section 3 of the UGC Act 1956 and Institutions of national importance declared under an Act of Parliament stand.
Automatically recognized for the purpose of employment to posts & services under the central Government provided it has been approved by Distance Education Council Indira Gandhi National Open University K 76 Hauz Khas New – Delhi – 16 and where ever necessary by All India Council for Technical Education I G sports complex IP Estate New – Delhi 02.
Dep. Educational Advisor (T)&, Secretory Board Of Assessment, for Educational Qualification.
-All Ministers & Depts of Govt. of India
-All state Govt & Union Territories (Tech. Edu. Deptts)
-All Directors of Technical Education
-Regional Office Ministry Human Resources Development
-UPSC with 5 spare copies
-SSC, CGO Complex, Lodhi Road New, Delhi
-Indian Universities Asso. 16 Kota marg New Dlhi
-DPIO (Ministry of HRD)
-All Boards of Apprenticeship Training
-All concerned Univ./ Institutions.
3. Board of Secondary Education, Delhi run by Aroma Educational and Cultural Society is an autonomous body, which was established with Government of NCT Delhi under S. R. XXI to 1860 of Government of India as vocational and educational society for the poor and disadvantaged group of street children, working children, rural woman and physically challenged. Registered with Government of National Capital Region Delhi and running under Indian Education Act.
4. Board of Secondary Education, Delhi run by Aroma Educational and Cultural Society is an Autonomous Independent and Non-Government body for conduct of courses, providing an alternative to choose from either Government aided or a Non-Government Institutions.
5. The Board/ Council/ Society trustee/ members has the constitutional rights under Article 19 (1) (g) to pursue any profession or any occupation and running a teaching Institute have been included as part of occupation as held by Honble 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. Not only has demand overwhelmed the ability of the governments to provide education, 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 todays economics and an ideology of privatization have contributed to the resurgence of private higher education, and the establishing of private institutions where none or very few existed before.
7. 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 nonteaching); and
-to take action if there is dereliction of duty on the part of any employees.
8.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”.
9.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.
10.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”
11.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.”
12.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.
13.Under HUMAN RIGHTS PROTECTION ACT, 1993 autonomous bodies have been given special protection and consideration. (For further details refer: AIR 1993 SC-2178).