NITE INDIA Run and Management by REGD. BODY (C.B.T.E.) (Established With Govt. Permission Under Act) Minority Education Open Board Under Article 19(1), 29 & 30 Of Constitution of India Established Under the guidelines of National Education Policy 1986, Govt. of India Working Under Human Rights Protection Act, 1993 – AIR 1993 SC-2178 Automatically Recognized by Govt. and All Govt. Departments / Bodies LEGALITY OF NITE INDIA Legality NITE INDIA was legally established under the guidance of jurist, eminent educationists and social workers for the development of education in wide areas. Government, registered the Council for propagation and development of distance education on the pattern of Non-Formal, Open continuing, and Distance Education System. NITE INDIA is legal self autonomous body. The NITE INDIA is running for disadvantaged, street children, women and poor people and Minorities. The NITE INDIA is established for development of education under the guidelines of national education policy 1986 Govt. of India and programme of action 1992 Govt. of India.
AIM, ACT AND RIGHT
Aim, Act and Right of NITE INDIA, under Government of India is Legal Autonomous and non-profit Institution and has legal right of teaching & training under the provision of constitution. Copies of Bylaws, prospectus, etc. are sent to the various authorities and departments of the Government of India/State Governments and Union Territories by the NITE INDIA from time to time. The area of operation of the Karnataka NITE INDIA is wide and extensive all over India. Information centres for examination are situated in almost all-major cities of India where semester/annual and on demand examinations are normally organized. NITE INDIA is planning to open study/examination centres for foreigners and non-resident Indians in various parts of the world too. NITE INDIA is fulfils the aims of vocational & educational right of India constitution 1950 under Article 14,15,19(1),21,26,29,30,45,46 & 351.
STATUS OF NITE INDIA It has been constituted to regulate non formal Primary, Middle, Matriculation (10th), Senior Secondary (12th) education and other vocational courses (Under Education Scheme) in India with the help of educational experts to educate uneducated boys, girls, men and women to uplift the standards of literacy in India, So that they can serve society effectively and with dignity. Council may impart education with international techniques and with stress on morally, mentally, physically and social personality. Ours is an autonomous body and all educational Boards/Universities/Councils are autonomous bodies & each educational organization having discretionary powers. According to these powers every board /University (state govt. / central govt.) having the liberty and right to take own decision either to allow or refuse any admission / service. But we do our best to make success the non formal education programme. All the education programme run by theNITE INDIA SAMITIis council’s own autonomous education programme. Legality, Validity, Utility of the education programme is strict conformity with the constitution of India and law of the land under Article 19(1) G, 29 & 30.
JUDGEMENT OF HON’BLE SUPREME COURT 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.
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 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.
NO OBJECTION TO GOVT. ON THE NAME OF BOARD/COUNCIL 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.