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SANJAY DHAR
J&K Private Schools United Front – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. The petitioner Trust claims to be working for the welfare of private educational schools and institutes. It has laid challenge to the notification No. F(PP-Publication)B/22 dated 26.08.2022 issued by respondent No. 4, whereby all the private schools have been asked to ensure that in the first phase, the text books published by the J&K BOSE are implemented/prescribed by all the private schools across UT of J&K for classes 6thto 8thfrom the ensuing academic session. Challenge has also been thrown to communication dated 4th January, 2023 issued by respondent No. 4, communication dated 27.03.2023 issued by respondent No. 6, communication dated 28.03.2023 issued by respondent No. 5 and communication dated 28.03.2023 issued by respondent No. 7, which, in effect, have been issued as a follow-up to the impugned notification dated 26.08.2022.
2. The petitioner has challenged the aforesaid notification and communications on the ground that even though under Section 10 of the Jammu and Kashmir Board of School Education Act, 1975 (hereinafter referred to as “the Act of 1975”) the respondent Board is vested with power to prescribe text books but the said provision doe
The main legal point established in the judgment is the authority of the Jammu and Kashmir Board of School Education to prescribe and publish text books and make it mandatory for affiliated schools t....
State regulatory bodies exercising statutory power to prescribe textbooks and curricula for affiliated private schools act within their legal competence and satisfy the requirement of reasonableness ....
The power of the West Bengal Board of Secondary Education to monopolize the trade of printing and publishing textbooks for students in secondary schools under its jurisdiction does not extend to proh....
It is a cardinal principle of law that when State Government wishes to bring about a Government order or Circulars, it has to be in consonance with Act and Rules.
The regulation compelling heads of schools to submit all candidates for examination, irrespective of their academic progress, is invalid as it undermines educational standards and the internal autono....
State-imposed conditions for educational affiliation that contradict AICTE approval undermine institutional autonomy and are unconstitutional.
The Madarsa Act, 2004 violates the secular principles of the Constitution and the right to quality education, rendering it unconstitutional.
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