IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (PIL) No.190 of 2025

Deep Chandra Pande …… Petitioner

Vs.

State of Uttarakhand and Others ……Respondents

Presence:

Mr. Gaurav Kandpal, learned counsel for the petitioner.

Mr. S.M.S. Mehta, learned Brief Holder for the State.

Mr. Shashank Upadhyaya, learned counsel for the C.B.S.E.

Coram: Hon’ble Ravindra Maithani, J.

Hon’ble Alok Mahra, J.

Hon’ble Ravindra Maithani, J. (Oral)

The instant petition, in the nature of public interest

litigation, has been filed by the petitioner with the averments that certain private schools in the District Nainital are compelling parents to purchase school uniforms, books and stationery exclusively from designated or specific vendors or shopkeepers; frequently changing school uniforms; mandating the use of notebooks embossed with the school’s name or logo and imposing additional and non-essential books and special notebooks in each class which, according to the petitioner, is a kind of engagement in unfair and anti-competitive practices that exploit the rights and financial capacity of students and their families, which is in contravention to the Circular dated 21.06.2018 of the Central Board of Secondary Education. The petitioner also seeks directions to constitute a State Advisory Council as per Section 34 of the Right of Children to Free and

Compulsory Education Act, 2009. He also seeks directions that the matter may be investigated by a Committee.

2. Heard learned counsel for the parties and perused the file.

3. Earlier today, when the matter was taken up, learned counsel for the petitioner had submitted that, in fact, the Chief Education Officer, Nainital has constituted a Committee to investigate the matter, but it has not reached to its logical end. Thereafter, the Court had requested learned State Counsel to get instructions on the point.

4. Learned counsel for the petitioner submits that various private schools in District Nainital are compelling the parents to purchase books and other articles from a particular vendor. They are frequently changing the school uniform and causing financial burden on the parents also. He submits that the Chief Education Officer has constituted a Committee, but no complete steps have been taken.

5. Learned State Counsel submits that the Chief Education Officer has constituted a Committee and, based on the report of the Committee, wherever deviation was found, suitable warnings have already issued. He also submits that the State Education Advisory Committee has already been constituted on 04.04.2022.

6. Learned counsel for the CBSE submits that no parents or students have ever made any complaint on this point.

7. After arguing for a while, learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to approach the State Advisory Council as and when the need arises.

8. The writ petition is dismissed as withdrawn, with liberty as above.

(Alok Mahra, J.) (Ravindra Maithani, J.)

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