2018 Supreme(Del) 284

IN THE HIGH COURT OF DELHI AT NEW DELHI
REKHA PALLI, J.
ASSOCIATION OF SCHOOL VENDORS & ORS - Petitioner
Versus
CENTRAL BOARD OF SECONDARY EDUCATION & ORS - Respondent
WP(C) No.7414, 10052 of 2017 & C.M.Nos.30616, 30617, 41018 of 2017
Decided On : 21-02-2018

The sale of books, both NCERT and non NCERT, stationery items and uniform in the School premises without coercing the students/parents to buy them only from those shops, cannot be termed as “commercialization”.

Headnote:

CBSE - Affiliation Bye-laws - Commercialization - Sale of books, stationery, uniforms, and school bags within the School premises - Circulars issued by CBSE prohibiting the same - Challenge - Whether the sale of the aforementioned items in the school shops would amount to “commercialization” or not - Whether the CBSE, upon receipt of complaints that the students/parents were being coerced by the school to buy the said items from these shops, could have outrightly prohibited their sale in these school shops or whether it ought to have only regulated the same by ensuring that stringent action is taken against those erring schools, which coerce the student/parents to buy these items from the school shops only - Whether the prohibition of the sale of the non NCERT books and uniform etc. within the School premises by the CBSE is considered in the light of the observations of the Supreme Court in the case Ramlila Maidan Incident, IN RE reported as (2012) 5 SCC 1 - Whether the impugned circulars actually violates any statutory provision as is sought to be contended by learned counsel for the Parents-Students Welfare Association.

Fact of the Case:

The present writ petitions involve inter-related issues, though the prayers made therein are diametrically opposite and are accordingly being decided vide this common judgment. The first petition which has been filed by an Association of persons engaged in the business of trading and sale of uniforms, books, stationery etc. in different Schools of Delhi and two parents of School going children, challenges the Circular dated 19th April, 2017 as also the order dated 4th July, 2017 rejecting the Petitioner’s representation dated 26.5.2017, both passed by Respondent no.1/CBSE, whereby the affiliated Schools have been prohibited from selling books, both NCERT and non-NCERT, stationery items, as also uniform from shops within the School premises. The second writ petition has been filed by Parent-Students Welfare Association, claiming to be an association of parents of school-going children, challenging Circular dated 24th/25th August, 2017, issued by CBSE, primarily on the ground that the said circular permits commercial activities of selling books and stationery through vendors within the School premises and is therefore not only in contravention of its earlier Circular dated 19th April, 2017, but is also violative of various CBSE Affiliation Bye-Laws and more particularly of Affiliation Bye-laws No.14(B) & 19.1 (ii) & (iii), which prohibits commercialization or carrying out business activities in the School.

Finding of the Court:

1. The sale of books, both NCERT and non NCERT, stationery items and uniform in the School premises without coercing the students/parents to buy them only from those shops, cannot be termed as “commercialization”. 2. The CBSE, upon receipt of complaints that the students/parents were being coerced by the school to buy the said items from these shops, could not have outrightly prohibited their sale in these school shops but ought to have only regulated the same by ensuring that stringent action is taken against those erring schools, which coerce the student/parents to buy these items from the school shops only. 3. The prohibition of the sale of the non NCERT books and uniform etc. within the School premises by the CBSE is not considered in the light of the observations of the Supreme Court in the case Ramlila Maidan Incident, IN RE reported as (2012) 5 SCC 1, as the impugned decision does not relate to any academic matter or is in any way related to maintenance of standards of education to be imparted to the students of the affiliated schools. 4. The impugned circulars actually violates any statutory provision as is sought to be contended by learned counsel for the Parents-Students Welfare Association.

Issues: 1. Whether the sale of the aforementioned items in the school shops would amount to “commercialization” or not. 2. Whether the CBSE, upon receipt of complaints that the students/parents were being coerced by the school to buy the said items from these shops, could have outrightly prohibited their sale in these school shops or whether it ought to have only regulated the same by ensuring that stringent action is taken against those erring schools, which coerce the student/parents to buy these items from the school shops only. 3. Whether the prohibition of the sale of the non NCERT books and uniform etc. within the School premises by the CBSE is considered in the light of the observations of the Supreme Court in the case Ramlila Maidan Incident, IN RE reported as (2012) 5 SCC 1. 4. Whether the impugned circulars actually violates any statutory provision as is sought to be contended by learned counsel for the Parents-Students Welfare Association.

Ratio Decidendi: 1. The term “commercialization” in schools, would thus mean only carrying out of activities wholly unconnected with education. The availability of uniform, non NCERT reference books or even food items for sale only to the students of the school, in my opinion, does not fall in the category of and cannot at all be considered as “commercialization”. 2. The CBSE could not have outrightly prohibited the sale of the said items in the School instead of regulating their sale by imposing reasonable restrictions. 3. The impugned decision does not relate to any academic matter or is in any way related to maintenance of standards of education to be imparted to the students of the affiliated schools and, therefore, the Court can examine whether the impugned circulars are unfair or unreasonable, irrational and arbitrary. 4. The impugned circulars actually violates any statutory provision as is sought to be contended by learned counsel for the Parents-Students Welfare Association.

Final Decision: 1. The Writ Petition No.7414/2017 filed by the Petitioners/Association of School Vendors is allowed and the circular dated 19th April, 2017 issued by CBSE is quashed and set aside. It is further directed that the Petitioners shall not be prohibited from selling of non NCERT books and uniforms also in the tuck shops which have been allowed to be set up in the CBSE affiliated schools for selling NCERT books and stationery items vide circular dated 24th/25th August, 2017. The conditions in circular dated 18.12.2017 prohibiting sale of Non-NCERT books in the school shops also stand quashed. The Respondents would however be free to take regulatory steps to ensure that the students and parents are not coerced in any manner, to buy any items from these shops. 2. The writ petition No.10052/2017 filed by the Parents-Students Welfare Association is dismissed.