ORDER :- This writ petition filed by a firm of publishers challenges an amendment of the Regulations of the Board of High School and Intermediate Examination, U. P., introduced by a Gazette notification dated 9-6-1959 issued under Section 15 of the Intermediate Education Act, declaring that copyright of the question papers set at examinations conducted by the Board shall vest in the Board and forbidding the publication of such question papers without the Board's permission, which will be granted only if the publisher pays a fee of Rs. 5 for each paper and undertakes not to include in his publication any solutions of the questions.

2. Mr. S. C. Khare, who appears for the petitioner, has made the following submissions :

1. The new regulation introduced by means of the impugned notification is beyond the scope of the regulation-making power of the Board under Section 15 of the Intermediate Education Act.

2. No copyright can be claimed in question papers set for examinations because they are not original literary, dramatic, musical or artistic works, and therefore do not come within the purview of Section 13 of the Indian Copyright Act, 1957.

3. Even if there is any copyright in such a qu

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