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 to use these books, emphasizing the importance of uniformity in curriculum and the need to follow prescribed textbooks for the benefit of students.

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 does not make it mandatory for the schools to prescribe the text books prescribed by the Board for their students. It has been further contended that Section 10 of the Act of 1975 is subject to the broad educational policies including National Education Policy, 2020 and National Curriculum Framework, 2005 and the impugned notification being not in consonance with aforesaid Policy Framework, is liable to be set aside. It has been further contended that the impugned notification is vague, non-specific and the same is not substantiated by any verified and authentic data. Lastly, it has been contended that respondent No. 4 is not competent to issue the impugned notification

3. The respondent Board has filed its reply to the writ petition, in which it has been submitted that prescription of curriculum, syllabi and development of textbooks from Class 1st to 12th is the domain of Jammu and Kashmir Board of School Education. It has been contended that as per the provisions of the Act of 1975, the Board has the power to advise the Government on the matters of policy relating to the Elementary Education and Senior Secondary Education as also other matters pertaining to promotion of the education including prescription of courses of instructions, preparation of curricula, preparation of syllabi and prescription of text books for Elementary, Secondary and Senior Secondary schools. It has been further submitted that the Board has well established Curriculum Development and Research Wing at its divisional offices Jammu and Srinagar headed by Director Academics and it has permanent faculty of qualified academic staff to look after this task effectively. The respondent Board has further submitted that it functions according to the broader objectives set in the National Education Policy, 2020 and National Curriculum Framework, 2005. It is averred that while issuing the impugned notification, mandate of the law has been followed by the Board and that the said notification has the approval of the competent authority. According to the respondent Board, as per SRO 123 dated 18th March, 2010, every school has to follow the curriculum and the textbooks as may be prescribed for different classes by the Board. It has been submitted that the petitioner is interested in commercialization whereas the endeavour of the respondent Board is to benefit the students so as to provide them low-cost text books. It has also been contended that the text books published by the respondent Board are rich in content and cost effective.

4. I have heard learned counsel for the parties and perused the record of the case.

5. The first question which is required to be determined in this petition is as to whether the respondent Board is vested with the power to prescribe text books published by it and wh