• Secondary education programs run by a private school education board

What is the legal status of a registered society if it works as private school education board for secondary education and issue certificates to its pass outs.
 if such board is accredited by a recognized [ recognized by the USDE } accrediting educational organisation abroad and working in india?
Asked 5 years ago in Constitutional Law

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9 Answers

If it's accredited then there is no issue 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Dear sir/madam,

The entity willing to establish the school needs to get licenses and ... As per lawsprivate organizations cannot open schools in India so as to ensure ... to create a society or trust- along with a governing board that has five to six members. ... An educational institution needs to apply for affiliation with CBSE.

Education Secretary (Controlling Authority of the CBSE) has advised that the CBSE should continue to follow its present policy regarding grant of affiliation to the schools. In case no response is received from the State Government within the three months, then after the expiry of three months, the Board should take decision on the case in an impartial manner. In case State Government specifically refuses the NOC in writing, even then CBSE should give its decision (regarding affiliation based on the merits and demerits of the case. However, in this sort of case, decision should be backed with or based on fully justified reasons to be recorded in writing and a copy of the same should also go to the State Government.

the Supreme Court often directs appointment of someone or regularization of a temporary employee or payment of salary, etc. without laying down any principle of law. This is often done on humanitarian considerations, but this will not operate as a precedent binding on the High Court. For instance if the Supreme Court directs regularization of service of an employee who had put in 3 years service, this does not mean that all employees who had put in 3 years service must be regularized. 

The term 'private schooldoes not refer to a homogenous entity. The regulation of private schools in India remains an understudied topic, with little, should be free for all, secondary and higher education should progressively be,  to the requirements and costs associated with registration and certification of schools, as.

 

Anik Miu
Advocate, Bangalore
11008 Answers
125 Consultations

You have clearly stated that it works as a private school and education board for secondary education. 

The private educational institutes cannot give certificates for equivalent examinations to its students and no  such certificate is recognised as legally valid certificate. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Education in India is primarily provided by public schools (controlled and funded by the government at three levels: central, state and local) and private schools.

State government boards of education: Most of the state governments have at least one "State board of secondary school education". However, some states like Andhra Pradesh have more than one. Also the union territories do not have a board. 

Secondary education covers children aged 14 to 18, a group comprising 88.5 million children according to the 2001 Census of India. The final two years of secondary is often called Higher Secondary (HS), Senior Secondary, or simply the "+2" stage. The two-halves of secondary education are each an important stage for which a pass certificate is needed, and thus are affiliated by central boards of education under HRD ministry, before one can pursue higher education, including college or professional courses.

 

 

The private institutions offering certificates for the examinations conducted by them even though they are accredited to a foreign country's accreditation unit  will not be recognised as legally valid in  India and their qualification  canot be considered for any purpose especially employment purposes. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Dear Sir/Madam, 

It is quite necessary that the institution is affiliated or recognised by govt agencies working in this field. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear sir/madam,

On 27 June 2018, the Ministry of Human Resource Development announced its plans to repeal the UGC Act, 1956. ... As of mid-2020 the UGC continues to remain in existence. Ministry of Human Resource Development, MHRD, was renamed as 'Ministry of Education'.

Human Resource Development (MHRD) was created on September 26, 1985, through the 174th. amendment to the Government of India (Allocation of Business) Rules, 1961. Currently, the MHRD. works through two departments:

1) Department of School Education & Literacy.

 2) Department of Higher Education
While the Department of School Education & Literacy is responsible for development of school
education and literacy in the country, the Department of Higher Education takes care of what is one
of the largest Higher Education systems of the world, just after the United States and China.
The main objectives of the Ministry would be:
1) Formulating the National Policy on Education and to ensure that it is implemented in letter
and spirit.
2) Planned development, including expanding access and improving quality of the educational
institutions throughout the country, including in the regions where people do not have easy
access to education.
3) Paying special attention to disadvantaged groups like the poor, females and the minorities.
4) Provide financial help in the form of scholarships, loan subsidy, etc to deserving students
from deprived sections of the society.
5) Encouraging international cooperation in the field of education, including working closely
with the UNESCO and foreign governments as well as Universities, to enhance the
educational opportunities in the country.
Department of Higher Education:
The Department of Higher Education, MHRD, is responsible for the overall development of the basic
infrastructure of Higher Education sector, both in terms of policy and planning. Under a planned
development process, the Department looks after expansion of access and qualitative improvement
in the Higher Education, through world class Universities, Colleges and other Institutions.
The importance of Higher Education is indisputable in the scheme of things that represent India to
the world. In order to establish India as a knowledge‐based society of 21st Century, Higher Education
can prove to be an important tool.
In this regard, the Department of Higher Education, MHRD, has adopted a framework of policy
initiatives, which include:

1) Improvement of access along with equity and excellence
2) Adoption of State‐specific strategies
3) Enhancing relevance of H.E. through curriculum reforms
4) Reforms in governance structures

For higher education:

University Grants Commission (UGC) and All India Council for Technical Education (AICTE)
have issued regulations/guidelines on collaboration between Indian and Foreign Universities with a
view to increase synergy between Indian and foreign academic institutions; to offer students
additional choices and; to improve curriculum and the delivery of knowledge and educational
content.
The UGC has notified the UGC (Promotion and Maintenance of Standards of Academic
Collaboration between Indian and Foreign Educational Institutions) Regulations, 2016 in the
official gazette on 11th July, 2016. As per the Regulations, Indian Universities and Colleges having
the highest grade of accreditation/threshold accreditation, and conforming to other eligibility
conditions as laid down in the Regulations, can apply online to the UGC for starting twinning
arrangements with reputed Foreign Educational Institutions (FEIs) having the prescribed quality.
The Regulations provide for time-bound processing of the online applications received by UGC.

Anik Miu
Advocate, Bangalore
11008 Answers
125 Consultations

USNEI is an information service that provides answers and referrals to customer inquiries via appointment, telephone, fax, electronic mail, and internet.

ASSOCIATION OF INDIAN UNIVERSITIES, New Delhi
The Inter-University Board acquired a legal status with its registration as a Society under the Societies Registration Act, 1860, on September 29, 1967 and was renamed as Association of  Indian  Universities  (AIU)  in  1973.  Since  its  inception  AIU  is  actively engaged in the growth and development of  Higher Education. The membership of AIU includes all types of universities e.g. Conventional Universities, Open Universities, Deemed to be Universities, State Universities, Central Universities, Private Universities and Institutes of National Importance. In addition to Indian Universities, 13 Universities/Institutes from Bangladesh, Bhutan, Republic of Kazakhstan, Malyasia, Mauritius, Nepal, Thailand, United Arab Emirates and United Kingdom are its Associate Members

Collaboration with foreign universities/educational institutions:
The UGC has notified the UGC (Promotion and Maintenance of Standards of Academic
Collaboration between Indian and Foreign Educational Institutions) Regulations, 2016 in the
official gazette on 11th July, 2016.
As per the Regulations, Indian Universities and Colleges having
the highest grade of accreditation/threshold accreditation, and conforming to other eligibility
conditions as laid down in the Regulations, details of the Regulations are available at www.egazette.nic.in / www.ugc.ac.in .

AICTE has issued guidelines on Collaboration and Twinning Programmes between Indian and
Foreign Universities / Institutions in the field of Technical Education, Research and Training.
As per the guidelines, accredited FEIs and AICTE approved IEIs with prescribed quality can enter into
a bipartite agreement/ Memorandum of Understanding (MoU) after getting necessary approvals
from AICTE and fulfilling other conditions as laid down in the guidelines.
Eligibility parameters, conditions and approval procedure for such collaboration, as contained in the AICTE Collaboration
and Twinning Programme Guidelines, are available at www.aicte.org.

You may browse the above given websites for getting more clarity to your questions.



T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

- Legally , a registered society having no right to work as private school education board , and if the certificates issued , then it will not valid in India 

- Further, the approval of competent authority is needed to run such board even recognised by abroad organisation. 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

Yes IBO is applicable

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

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