Court Affirms Publishers' Rights Amidst Regulatory Framework of Uttar Pradesh Course Books Act, 1979
In a significant judgment, the Allahabad High Court has upheld the rights of publishers to produce and market books not prescribed by educational authorities, provided they adhere to existing legal frameworks. This decision was rendered in the case of M/S Rajeev Prakashan and Company v. State of U.P., where the petitioners sought to quash an order by the Board of High School and Intermediate Education regarding the publication and marketing of non-prescribed textbooks.
The Division Bench, comprising Justices Neeraj Tiwari and Garima Prashad, ruled that while the Board holds the authority to prescribe textbooks for High School and Intermediate examinations, it cannot restrict the petitioners from publishing or selling books not listed by the Parishad. The court emphasized that publishers must comply with the Uttar Pradesh Course Books Act, 1979, and any other applicable laws. Violations could lead to legal actions by the state authorities.
This ruling echoes a previous judgment in M/s Mital Book Depot v. State of U.P., where similar issues were addressed, establishing a judicial precedent that reinforces publishers' rights under the law. The court observed that as long as publishers operate within the legal boundaries, they are entitled to market their books, irrespective of whether they are prescribed by the educational authorities or not.
The petitioners, represented by Mridul Shekhar Tripathi and Rahul Sahai, argued that the impugned order was unjust and sought relief based on the earlier 2014 judgment. The state, represented by the Additional Chief Standing Counsel, did not contest the applicability of the prior judgment to the present case.
The decision reaffirms the delicate balance between educational regulation and the freedom of the press, asserting that the educational authorities' jurisdiction to prescribe textbooks does not extend to blanket restrictions on non-prescribed publications. This provides a significant level of operational freedom to publishers while ensuring adherence to statutory provisions.
Bottom Line:
Writ petition concerning quashing of order regarding publication and marketing of books - Judgment held that while the authority can prescribe textbooks for studies, petitioners cannot be restrained from publishing or selling books not prescribed by the Parishad, provided they comply with applicable laws.
Statutory provision(s): Uttar Pradesh Course Books Act, 1979
M/S Rajeev Prakashan and Company v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2858429
