Court Affirms Statutory Power of J&K Board of School Education to Mandate Use of Its Textbooks in Affiliated Institutions
In a significant ruling, the Jammu and Kashmir High Court has upheld the authority of the Jammu and Kashmir Board of School Education (JKBOSE) to mandate the use of its prescribed textbooks in private schools across the Union Territory. The decision was delivered by a Division Bench comprising Justices Sindhu Sharma and Shahzad Azeem, dismissing the appeal filed by the J&K Private Schools United Front.
The appeal challenged the Board's notifications dated August 26, 2022, and January 4, 2023, which directed all private schools to adopt textbooks published by the Board for classes VI to VIII. The appellants argued that the Board lacked the authority to compel private schools to exclusively use its textbooks, claiming this infringed upon the schools' autonomy and the rights of students and parents to choose educational materials.
However, the court affirmed the statutory powers of the Board under the Jammu and Kashmir Board of School Education Act, 1975, and the Jammu and Kashmir School Education Act, 2002. The court emphasized that once an institution voluntarily affiliates with the Board, it must comply with its guidelines, including the use of prescribed textbooks. The court further held that the Board's actions did not violate Articles 14 or 19(1)(g) of the Constitution, which guarantee the right to equality and the right to practice any profession, respectively.
The ruling reiterated the limited scope of judicial review concerning educational policy, stating that courts should interfere only when policies are manifestly arbitrary or contrary to statutes. The decision underscores the Board's role in maintaining academic standards and ensuring uniformity in educational content across the Union Territory.
Bottom line:-
The Jammu and Kashmir Board of School Education has the statutory authority under the Jammu and Kashmir Board of School Education Act, 1975, and the Jammu and Kashmir School Education Act, 2002, to prescribe curricula, syllabi, and textbooks for affiliated schools, and institutions voluntarily seeking affiliation must adhere to the prescribed guidelines.
Statutory provision(s): Jammu and Kashmir Board of School Education Act, 1975, Jammu and Kashmir School Education Act, 2002, Constitution of India - Article 19(1)(g), Article 14
