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Akhil Bhartiya Open Schooling

Akhil Bhartiya open schooling is an Autonomous organisation in pursuance of national policy on education 1986 by the M.H.R.D ,Govt of india .Independent Board run & managed by The Aryan Trust, which was previously registered under the Indian Trust Act, 1882 vide registration No. 8256 and Indian Registration Act-1908 for promotion of Secondary and Senior Secondary Education (Matriculation & Intermediate) in Open and Distance mode. For vocational and educational for up uplift of the poor and disadvantaged group such as street children, working children, rural women and physically challenged.

The aims and objectives of the Board are to provide basic education for high school, intermediate which includes 10th & 12th Class courses. The mission of the Board is to achieve all round development and growth for the masses through education.

1. Akhil Bhartiya Open Schooling is an autonomous independent and Non–Governmental Board for the conduct of Secondary and Senior Secondary School Examination, providing an alternative to choose from either Government aided Boards or a Non-Government independent Autonomous Body. The Board aims to provide education to all children, especially to those in rural and remote areas, at least up to the Senior Secondary level. It is further submitted that the Board is a private initiative for the establishment of a Non-Government Board for conducting 10th and 12th Common Examination for students studying in schools registered under Indian Education Act.

2. The Board/ trustees/members has/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 Humble Supreme Court in T.M.A. Pai Foundation Vs. State of Karnataka (SC) 2003 (2) SCT 385. The relevant portion of the above said judgement 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.

3. Under human right protection act ,1993 Autonomous bodies have been given special protection & consideration.( For further details refer: AIR 1993 SC-2178

4.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.

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 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 explain that some states an objection has been pointed out to the name of the Board in private sector but later all such objections have been resolved after the Board pointed out that the word Board   is not reserved by any statute that it cannot be used by any other trust. Many Boards had applied to the Registration Authority and they have approved of the name of Board. 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.

9. It is also pertinent to mention here that one of the famous and well known Boards providing Secondary and Senior Secondary Examinations for the students all over the country is theCouncil for Indian School Certificate Examinations (ICSE), which is a registered society. So is the CBSE which stands for Central Board of Secondary Education.

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