• Validity of private school boards

Dear sir i want to know that whether a school board formed under Indian trust act 1882 is valid to issue secondary and intermediate certificates. Since such boards claim to have planning commission number like DL/2014/0097865 and have obtained trade mark and CR registration for their name and logo , they claim to have registered under Indian education act. Thus please tell me if certificates provided by these boards are acceptable.
Asked 2 years ago in Constitutional Law from Nagpur, Maharashtra
Unless such Board is registered under any school board like CBSC, ICSC or any other state school board no such certificate has any value in academic field.
Check the School  Board under which it is issuing certificates has recognition under state law on education system.
Devajyoti Barman
Advocate, Kolkata
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1)please check whether school board has been recognised by Education department of state Government 

2) in mahrashtra state govt has established the Maharashtra State Board
of Secondary and Higher Secondary] Education".'further divisional boards have been set up for bombay , Pune , nagpur , Aurnagabad 

3) they are governed by provisions of Maharashtra Secondary and Higher Secondary
Education Boards Act, 1965

4) 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.
Ajay Sethi
Advocate, Mumbai
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1. The school board has to be recognized by the education department of the state. Without certificate of recognition by the education department the board cannot come into inception.

2. If your question is Maharashtra specific then it may be mentioned that the Maharashtra State Board of Secondary Education was established in 1966 by an act of the Maharashtra State Government. The Act was amended in 1977 and the nomenclature of the Board was changed to "The Maharashtra State Board of Secondary and Higher Secondary Education". The board is the state’s highest educational body in the field of secondary and higher secondary education which performs multifarious activities. Over a period of 30 years, the Board has grown tremendously in terms of schools and number of students. t provides recognition/affiliation to schools/junior colleges and conducts examination at Class X and XII level. All the Secondary Schools and Junior Colleges permitted and recognized by the education department are eligible for affiliation with the Board subject to fulfillment of prescribed conditions to ensure that education is of approved and comparable quality in that respect.

3. Subsequent to recognition by the education department the board is competent to issue certificates.
Ashish Davessar
Advocate, Jaipur
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