Judgment

BHAGWATI, J.:- The appellant is a printer and publisher of books in the State of Madhya Pradesh. The books printed and published by the appellant were at all material times very popular in the primary, middle and secondary schools in primary, middle and secondary schools in that State. Sometime in 1968 a Society called the Madhya Pradesh Pathya Pustak Rachna Avam Shaikhinik Anusandhan Nigam was registered under the Madhya Pradesh Societies Act, 1959. The Minister incharge of the portfolio of education was the ex-officio Chairman of this Society while some officers of the Government of Madhya Pradesh connected with the Education Department were ex officio members along with other non-official members nominated by the Government of Madhya Pradesh. This Society was known by the name of Text Books Corporation. It appears that the Text Books Corporation prepared text books in certain subjects for use in primary and middle schools and it was apprehended that the State Government would prescribe those text books for exclusive use in primary and middle schools throughout the State of Madhya Pradesh. This would naturally hurt the appellant in his business because the text books prin