Srinagar: The High Court of Jammu & Kashmir and Ladakh has upheld the authority of the Jammu and Kashmir Board of School Education (JKBOSE) to prescribe and enforce the use of its own textbooks in affiliated private schools.
Dismissing an appeal filed by the J&K Private Schools United Front against the Union Territory administration and JKBOSE, the ruling settles a long-running dispute over textbook selection in private schools across the former State, where parents had alleged that some institutions were forcing them to buy costly private publishers’ books, resulting in an avoidable financial burden.
A Division Bench comprising Justices Sindhu Sharma and Shahzad Azeem affirmed an earlier judgment of a Single Judge that had rejected the challenge to JKBOSE notifications directing private schools to use only Board-published textbooks for Classes VI to VIII.
The case stemmed from notifications issued by JKBOSE in August 2022 and January 2023 mandating the adoption of Board-prescribed textbooks. Subsequent communications from education authorities sought reports on compliance and ordered inquiries into complaints that some private schools were compelling parents to purchase books from private publishers in addition to, or in place of, JKBOSE-approved texts.
Appearing for the private schools, advocate Shakeel Sarwar Wani, assisted by Imbisaat Liyaqat, argued that while JKBOSE has the statutory authority to prescribe curricula and syllabi, it does not possess the power to compel schools to exclusively use textbooks published by the Board itself.
He contended that the policy deprived schools, parents and students of the freedom to choose quality educational material from other publishers and restricted academic choice.
He further questioned the authority of officials who issued the impugned notifications.
On the other hand, advocate M.I. Dar, assisted by Sana Imam and Laila Khan, appearing for the Union Territory administration and JKBOSE, defended the notifications, arguing that the Board’s statutory powers include prescribing textbooks and ensuring their implementation in affiliated institutions.
He maintained that schools voluntarily seeking affiliation are bound by the Board’s academic regulations, including adherence to prescribed curricula and textbooks, and that the measures were intended to ensure uniformity and maintain educational standards.
Accepting the respondents’ submissions, the court held that the power to prescribe courses of instruction, curricula and syllabi necessarily includes the authority to prescribe specific textbooks.
The Division Bench observed that once an institution voluntarily obtains affiliation with JKBOSE, it becomes bound by the terms and conditions governing such affiliation, including compliance with Board-approved textbooks.
The court further ruled that the mere fact that JKBOSE publishes the prescribed textbooks itself does not render the policy arbitrary or unlawful.
It held that the Board’s actions are supported by the Jammu and Kashmir Board of School Education Act, 1975, and the Jammu and Kashmir School Education Act, 2002, which empower educational authorities to regulate standards of education and courses of study.
Emphasising the need for educational uniformity and quality standards, the court observed that regulation of curricula and textbooks constitutes a reasonable restriction in the public interest.
“This court has clearly laid down that the State can carve down the syllabus and also prescribe the text books. The action is for social justice and quality education,” it said.
The judges recorded “upon a comprehensive consideration of the statutory framework, the scheme of the Jammu and Kashmir Board of School Education Act, 1975, read with the Jammu and Kashmir School Education Act, 2002, and the resolutions adopted by the Board’s Affiliation Committee, we find no infirmity in the view taken by the learned Single Judge. Once an institution voluntarily seeks affiliation with the Board, it is bound by the terms and conditions governing such affiliation, including adherence to the curriculum, syllabus, and textbooks prescribed by the Board.”
The court noted that the impugned directions applied uniformly to all affiliated institutions and were aimed at maintaining academic standards across the Union Territory.
Dismissing the private schools’ appeal, the court affirmed the earlier judgment and upheld JKBOSE’s textbook policy, reinforcing the Board’s regulatory authority over affiliated schools in Jammu and Kashmir.
