1. To provide basic education tor primary, high school, intermediate
which includes 10"‘ and 12“ Class providing an alternative to those from
either Government aided boards or a Non Government. 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
ot a Non Government Board for conducting 10'” and 12"‘ common
examination for students studying in schools affiliated and likely to be
affiliated by Board of Secondary Education Karnataka.
2. The Board/Council Trustees/members has the constitutional right under Article 19(1) (g) to pursue any profession or any occupation and managing teaching institutes have been included part of occupation as Apex court (Supreme Court Judgement) held by Honourable Supreme court in T,M.A. Pai Foundation V/s 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 tum 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. 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 today’: economics and an ideology of reservation have contributed to the resurgences of private higher education, and the establishing of private institutions where none or very few existed before.
4. The right to establish and administer broadly comprises of the following rights:
a. To admit students.
b. To set up a reasonable fee structure
c. To constitute a governing body. .
d. To appoint staff (teaching and non teaching) and to take action if there is declaration of duty on the part of any employees
e. The terms of reference, included matters relating to means and objects of university education and research in India and maintenance of higher standards of teaching and examination in universities and colleges under their control, in the report submitted by this commission. in Para 29 and 31 it referred to autonomy in education which reads as follows:
‘University Autonomy-Freedom of individual development is the basis of democracy, exclusive control of education by the State has been an important factor in facilitating the maintenance. '