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 under Article 14, as these actions constitute permissible regulatory measures for maintaining educational standards.

JUDGMENT

PER: SINDHU SHARMA-J

1. The instant Letters Patent Appeal is directed against the judgment and order dated 08.09.2023 passed by the learned Single Judge in WP (C) No. 702/2023, whereby the writ petition filed by the Appellant–Trust came to be dismissed.

2. The Appellant is a registered Trust in the Union Territory of Jammu and Kashmir under the name and style of “J&K Private Schools United Front”, claiming to work for the welfare, protection, and promotion of private educational institutions. The Appellant claims to represents the interests of approximately some of the private schools functioning across the Union Territory.

3. The Appellant is aggrieved by Notification No. F (PP- Publication) B/22 dated 26.08.2022 issued by the Jammu and Kashmir Board of School Education, whereby all private schools across the Union Territory were directed to adopt and teach only those textbooks published by the Board for Classes VI to VIII. Subsequently, another Notification dated 04.01.2023 was issued, reiterating that only textbooks published by the Board for Classes VI to VIII shall be implemented and prescribed from the ensuing academic session.

4. Thereafter, a communication dated 27.03.2023 was issued by Respondent No. 6, seeking information regarding the implementation status of the aforesaid circular issued by Respondent No. 4, and to ascertain whether any academic institutions were allegedly compelling students to purchase or use unapproved curricula or textbooks from private publishers.

5. On 28.03.2023, Respondent No. 5 issued another communication addressed to all Chief Education Officers, directing them to conduct a detailed enquiry along with the Zonal Education Officers and to submit an Action Taken Report in respect of several complaints received from parents alleging that certain private schools were compelling them to purchase books from private publishers, either in substitution of, or in addition to, the textbooks published by the Board.

6. On the same date, i.e., 28.03.2023, Respondent No. 7 issued another circular directing all private schools in District Kupwara to furnish information regarding the adoption and implementation of the Board’s curriculum and textbooks for Classes VI and above for the current academic session. The said circular further mandated that no private school shall prescribe or use any unapproved curriculum or textbooks from private publishers.

7. Feeling aggrieved by the aforesaid notifications, communications, and circulars, the Appellant challenged the same in Writ Petition (Civil) No. 702/2023 before this Court, on the ground that the same are arbitrary, illegal, and without jurisdiction. It was specifically contended that although the Board possesses the power to prescribe syllabi and textbooks, it does not have the authority to compel private schools to exclusively purchase and use textbooks published by the Board itself. It was further urged that the official who issued the impugned notifications lacked the requisite legal authority and jurisdiction to do so.

8. The said writ petition was dismissed by the learned Single Judge vide judgment and order dated 08.09.2023. The learned Single Judge held that the board is vested with the powers to prescribe text books published by it and that all schools are required to follow the curriculum and te