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 ofpost-secondary education at the turn of the twenty –first century. Acombination of unprecedented demand for access to higher education and theinability or unwillingness of government to provide the necessary support hasbrought private higher education to the forefront. Private institutions with along history in many countries, are expanding in scope and number, and arebecoming increasingly important in parts of the world that relied almostentirely on the public sector.

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’s 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