Private Schools Affiliated With State Must Adopt Only Board-Prescribed Textbooks, Cannot Override Mandate: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has dismissed a Letters Patent Appeal filed by a trust representing private schools challenging notifications issued by the Jammu and Kashmir Board of School Education mandating that all private schools across the Union Territory adopt and teach only those textbooks published by the Board for Classes VI to VIII.The Court held that the Board acts within its statutory competence and that such prescription constitutes a reasonable restriction in the interest of maintaining academic standards and uniformity.A Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem, while observing that “the power to prescribe textbooks necessarily includes the authority to determine which books are to be used in affiliated schools,” held that “the prescription of textbooks by the Board falls squarely within its statutory competence under Sections 10 and 29 of the aforesaid Acts. The mere fact that the Board publishes such textbooks itself does not, by itself, render the action arbitrary or ultra vires, so long as the prescription is supported by the statute and guided by educational policy considerations.”The Court was hearing a Letters Patent Appeal directed against the judgment whereby the writ petition filed by the appellant-trust challenging the impugned notifications and circulars was dismissed.Background:The appellant, J&K Private Schools United Front, a registered trust claiming to work for the welfare and promotion of private educational institutions in the Union Territory, was aggrieved by Notification issued by the J&K Board of School Education, whereby all private schools were directed to adopt and teach only those textbooks published by the Board for Classes VI to VIII. Another Notification reiterated the same direction for implementation from the ensuing academic session.Thereafter, a communication was issued seeking information regarding implementation status, followed by another communication addressed to all Chief Education Officers directing them to conduct a detailed enquiry into complaints from parents alleging that private schools were compelling purchase of books from private publishers. Another circular directed all private schools in District Kupwara to furnish information regarding adoption and implementation of the Board's curriculum and textbooks, mandating that no private school shall prescribe or use any unapproved curriculum or textbooks from private publishers.The appellant challenged these notifications and circulars on the ground that the Board does not have the authority to compel private schools to exclusively purchase and use textbooks published by the Board itself, and that the official who issued the notifications lacked legal authority. The Single Judge dismissed the writ petition, holding that the Board is vested with the power to prescribe textbooks published by it, supported by Section 29 of the J&K School Education Act, 2002. Aggrieved, the appellant filed the present appeal.Court's Observations:The Division Bench examined the statutory framework under the J&K State Board of School Education Act, 1975, noting that Section 10 empowers the Board to prescribe courses of instruction, prepare curricula and detailed syllabi, and prescribe textbooks for pre-primary, elementary, secondary school and higher secondary school examinations. The Court observed, “... The power to prescribe textbooks necessarily includes the authority to determine which books are to be used in affiliated schools.”The Court also referred to Section 29 of the J&K School Education Act, 2002, which empowers the Government to make rules regulating standards of education and courses of study. It held that once an educational institution voluntarily seeks and obtains affiliation from the Board, it is bound by the terms and conditions of such affiliation, including compliance with the curricula, syllabi, and textbooks prescribed by the Board.Addressing the appellant's contention that the Board cannot compel the use of its own published textbooks, the Court observed, “... The mere fact that the Board publishes such textbooks itself does not, by itself, render the action arbitrary or ultra vires, so long as the prescription is supported by the statute and guided by educational policy considerations.”The Court held that the issuance of the impugned notifications and circulars cannot be said to be without jurisdiction or ultra vires. It observed that the right to establish and administer educational institutions under Article 19(1)(g) of the Constitution is subject to reasonable restrictions imposed by law in the interest of the general public. Regulation of education, including the prescription of curricula and textbooks, constitutes a valid and reasonable restriction aimed at maintaining academic standards and ensuring uniformity in educational content across the Union Territory, the Court underscored. Relying upon P.A. Inamdar v. State of Maharashtra, (2005) 6 SCC 537,...

Private Schools Affiliated With State Must Adopt Only Board-Prescribed Textbooks, Cannot Override Mandate: J&K&L High Court

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Private Schools Affiliated With State Must Adopt Only Board-Prescribed Textbooks, Cannot Override Mandate: J&K&L High Court

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