SYNOPSIS/ LIST OF DATES

The petitioner is a registered society

registered under the Societies Registration Act

1860 Registration No. 87 of 2005-06 with the

objective of noble cause to prevent the society from

crimes and highhandedness and also high light the

issues of general public importance for betterment

of society at large. The members of this society are

citizen of India.

The petitioner invoked the extra ordinary writ

jurisdiction of the Hon’ble Punjab and Haryana

High Court by filing writ petition in the nature of

Public Interest Litigation (PIL) under Articles 226

and 227 of the Constitution of India for kind

consideration of commercialization of education in

the private educational institutions particularly

situated within Mandi Gobindgarh District

Fatehgarh Sahib and in State of Punjab and the

whole territory of India in general even after

enactment of Constitution (Eighty Sixth

Amendment) Act, 2002 through by which Article

21-A of Constitution of India inserted. In the said

PIL, the petitioner raised issues whereby unaided

Private Educational Institutions/Schools affiliated

with Central Board of School Education

(hereinafter referred as CBSE) and Punjab School

Education Board, which are supposed to prescribe

and teach the syllabus and text books prescribed

by CBSE, New Delhi and published by it or by

National Council of Education Research and

training (hereinafter called NCERT), New Delhi or

the Punjab School Education Board, as the case

may be. Whereas, it is submitted that the said

private institutions are prescribing the books

published by private publishers and students and

parents are compelled to purchase books,

stationery and uniform from a particular shop. As

the books published by NCERT/CBSE costs much

less as compared to the books published by private

publisher with the Logo ‘Strictly according to

Latest syllabus issued by NCERT’ and thus

presents/students are compelled to pay much

more. The cost of books published by Private

Publisher is about 4 to 5 times more which

provides a grey area for making money by that

institutions.

In this way there is nexus between the

Publisher, Booksellers and the School Management

to share the bounty and commercialize the

education by exploiting the students and their

parents compelling them to purchase such books

without any added advantage which is totally

against the fundamental right enshrined in article

21-A of Constitution of India of students and

citizen of this country which casts a duty upon

state to provide free education for the certain age of

students.

It is well settled that article 19(1)(g) and

Article 26 of the Constitution of India confer rights

on all citizen and religious denominations

respectively to establish and maintain educational

Institutions. Similarly article 30(1) give the right to

religious linguistic Minorities to establish and

administer educational institution of their choice,

however such right as aforesaid, are subject to

reasonable regulations which may be framed

having regard to public interest or national

interest, meaning thereby that the right to set up

and Administer educational institution is not an

absolute right and it is subject to reasonable

restriction. It is also well settled that education is

per se an activity that is charitable in nature and

further imparting education is State function. It is

submitted that the all private institutions should

be prohibited from commercialization of education

and it is the duty of the concerned authorities to

prevent commercialization of education.

Reference may be made in this regard to

judgment of Hon’ble Supreme Court in Modern

Schools Versus Union of India and other AIR 2004

SC 2236. The 7 Judges bench of Hon’ble Supreme

Court of India AIR 2005 SC 3226 P.A. Inamdar and

others Vs. State of Maharashtra and others, while

explaining the ratio of 11 judges Bench, T.M.A. Pai

Foundation Vs. State of Karnataka AIR 2003 S.C.

355 held as under :-

“92. Education, accepted as a useful activity,

whether for charity or for profit, is an

occupation. Nevertheless, it does not cease to

be a service to the Society. And even though

an occupation, it cannot be equated to a trade

or a business.

93. In short, the education is national wealth

essential for the nation’s progress and

prosperity.

…………………………………………………………
 138. Our answer to question 3 is

that every institution is free to devise its own

fee structure, but the same can be regulated

in the interest of preventing profiteering. No

capitation fee can be charged.

…………………………………………….”
Similarly in 11 Judge Bench AIR 2003

Sc 355 T.M.A. Pai Foundation Vs. State of

Karnataka Hon’ble Mr. Justice S.S.M Quadri

while concurring with majority view observed

that : -

“241 ………………………………………………….

…………………………………………………………

Education is essential a charitable object and

imparting education is, in may view, a kind of

service to the community, therefore, it cannot

be brought under ‘trade or business’ nor can

it fall under ‘profession’. Nevertheless having

regard to the width of the meaning of the term

‘occupation’ elucidated in the judgment of

Hon’ble the Chief Justice, the Service which a

citizen desires to render by establishing

educational institutions can be read in

occupation. This right, like other rights

enumerated in sub clause (g), is controlled by

clause (6) of Article 19. The mandate of clause

(6) is that nothing in sub clause (g) shall

effect the operation of any existing law,

insofar it imposes or prevent the State from

making any law imposing, in the interest of

general public, a reasonable restrictions on

the exercise of right conferred by the said sub

clause and, in particular, nothing in the said

sub clause shall affect the operation of any

existing law in so far as it relates to or

prevent the State from making any law

relating to; (i) the professional or technical

qualifications necessary for practicing any

professional or carrying on any occupation,

trade or business; or (ii) the carrying on by

the State, on by a Corporation owned or

controlled by the State, or any trade,

business, industry or service, whether to the

exclusion, complete or partial, of citizens or

otherwise. Therefore, it may be concluded

that the right of a citizen to run educational

institutions can be read into “Occupation”

falling in sub clause (g) of clause (i) of Article

19 which would be subject to the discipline of

clause (6) thereof.”

 Similarly Hon’ble Chief Justice B.N. Kirpal in

para 61 of the judgment observed for maximum

autonomy to unaided private school and observed

that standard of education can be and controllable

through the regulations relating to recognition,

affiliation and common final examination.

Keeping in view the above principle the CBSE,

Punjab School Education Board and State of

Punjab has to regulate and see that students and

parents are not exploited by prescribing books of

Private Publishers which are 4 to 5 time costlier

without any added advantage.

That in opposite to the rules and regulations

of the respective boards, the privately managed

schools prescribe the books published by the

private publishers which are priced at much higher

price as compared to the books published by the

CBSE/NCERT and other Govt. publishing agencies

or authorized publication which is neither based

on any proper research or any other methodology.

That as an example NCERT has published a

book for class – 2 titled as ‘Let’s learn

Mathamatics’ which is priced as Rs. 30/- whereas

private publication titled as ‘Mathmatics made

easy-2’ published by Makhil Publication Pvt. Ltd.

New Delhi is priced as Rs. 120/- Perusal of both

the books shows that in their text they are similar

except odd change here and there. Similarly Hindi

Book titled as ‘Rim Jhim-2 published by NCERT is

priced as Rs. 30/- and whereas Nanhe Tare Hindi

Pathshala Part II published by United Publication

House is price as Rs. 85/-. An other example is of

Science Book titled as “Science Text Book for

Class-VI published by NCERT is priced as Rs.

30/-. On the other hand Living science a book of

science and Technology published by private

publisher Ratna Sagar Private limited is priced as

Rs. 159.90. In this book it is mentioned that this

book is based on NCERT latest syllabus. Similarly

Mathematics text book for class VII by NCERT

having 312 pages is price is priced at Rs. 30/- only

and whereas Grow with Maths 7 published by

“Hall Mark India” New Delhi having 280 pages is

priced at Rs. 135/- and it is mentioned therein

written in strict conformity with the National

Curriculum Frame Work prepared by NCERT and

covering the new syllabus for schools affiliated to

Central Board of Secondary Education and Council

for the Indian School Certificate Examinations.

Even some publishers are publishing books

without even mentioning name of author and

printer and these are prescribed by some schools.

It may be mentioned here that books published by

NCERT are prepared and published after taking

into consideration National Curriculum

Framework, 2005 which recommends that

children’s life at school must be linked to their life

outside the school and marks departure from

tegacy of bookish learning. These text books are

prepared by text book development committees in

consistent of highly qualified contributes teachers.

There are similar other books for every subject for

every class.

Now a days every body wants his ward to

study in Public School as they are of the opinion,

and rightly so, that the education is better in those

schools specially education in regard to

Mannerism, Speaking English etc. Even people in

lower strata of income tries that his wards is

educated in privately managed school depending

upon his resources as he may be able to afford.

Thus these days public at large is interested that

education in these institution is not

commercialized which is prohibited as education is

per se an activity charitable in nature.

About all the Private Education Institutions

are registered under the Societies Registration Act,

1860 the preamble of the Act is as under :-

“Whereas it is expedient that provision should

be made for improving the legal condition of

societies established for promotion of

Literature, Science, or fine arts or for the

diffusion of useful knowledge, the diffusion of

political education or charitable purpose.”

Further Section 1 of the Societies

Registration Act 1960 provides that society

may be formed for any literary, scientific or

charitable purpose or for any such purpose

as it described in Section 20 of this Act.

Section 20 of the Societies Registration Act

also provides that societies may be registered

under this Act which, are charitable societies,

Military Orphen funds or societies established

at the several presidencies of India, Society

established for promotion of science,

literature or the Fine Art, Diffusion of useful

knowledge, diffusion of political education,

maintenance of library or reading rooms for

general public use or open to public or public

museums and galleries of Paintings and other

works of art, collection of natural history

mechanical and philosophical inventions

instruments and design etc. Thus this act

provides that societies registered under the

act have to work for the benefit of public at

large and not to indulge in commercialization,

which is prohibited.

Affiliation bye laws of Central Board of

Secondary Education in Chapter II – Rule 3

prescribes ‘Norms of Affiliation’. Sub Rule

(1) of rule 3 prescribe Schools which may be

affiliated and rule 3 (1)(v) provide that private

unaided Schools established by Societies

registered under the Societies Registration

Act, 1860 of the Government of India or

under Acts of the State Governments as

educational, charitable or religious Societies

 having non proprietary character or by Trust

may be affiliated.

Further condition imposed is that Trust or

Society/Management running the School should

be of non proprietary characters and its

constitution should be such that its control does

not vest in a single individual or members of a

family. Chapter VI defines the role/aims of

Society/Trust running the school and provides

that society/trust should ensure that school is run

as a community service and not as a business and

that commercialization does not take place in the

school in any shape what so ever. Similarly Rule

42 prohibits employees of schools from preparing

or publishing any book or books or selling or

canvassing for any publishing firm or traders.

Relevant rules are reproduced as under :

“ Chapter-II

3. Norms for Affiliation.

(1) The Board may affiliate several

categories of schools all over India and abroad

as for example:

(i) The Government or Government aided

schools.
(ii) Schools run by autonomous.

Organizations under the Governments

like Kendriya Vidyalaya Sangathan

Navodaya Vidyalaya Samiti, Central

Tibetan Schools Organization, Sainik

School Society etc.

(iii) Schools run by Government Deptts.

Directly like Defence, Railways etc.

(iv) Schools managed directly by Public

Sector Undertakings or by reputed

societies for public Sector undertakings

under the financial control of such

Public Sector Undertakings or by

Societies formed by such Undertakings.

(v) Private unaided schools established by

Societies registered under the Societies

Registration Act 1860 of the Government

of India or under Acts of the State

Government as educational, charitable

or religious societies having non

proprietary character or by Trusts.

(2) …………………………………………………

(3) Any educational institution in India or

outside India which fulfills the following

essential conditions (without which the case

cannot be processed can apply to the Board

for affiliation.”

“ ……………………………………………………….

(iv) The Trust or Society, Management

running the school should be of non

proprietary character. The list of members

with their addresses occupations

qualifications and an affidavit from the

Chairman/Secretary stating how the

members are related to each other or they are

not related to each other duly attested by first

class magistrate should be submitted.”

“Chapter – VI

Society/Trust Running the School.

19. Role/Aims of Society/Trust.

(1) The Society/Trust running the school has

a critical and key role to play in providing a

good and healthy climate to the school to

fulfill its aims and objects, to enable the staff

provide quality education and to be a centre

for educational excellence. To achieve this

aim, the role and responsibilities of the

Society/trust are defined as under :

(i) …………………………………………………
 (ii) It shall ensure that the schools is run as

a community service and not as a business

and that commercialization does not take

place in the school in any shape whatsoever.”

“42. Code of Conduct for Employees.

(1) Every employee shall be governed by the

Code of Conduct. The following acts shall

constitute breach of code of conduct.

(i) to (xx) ………………………………………

(xxi) Preparing or publishing any book or

books commonly known as keys, or assist,

whether directly or indirectly in their

publication or as a selling agent or canvasser

for any publishing firm or trader.”

The copy of affiliation bye laws of Central

Board of Secondary Education of the Bye laws

are attached herein and marked as Annexure

P-1 (Pages ).

05.08.1998 Punjab School Education Board in exercise of

powers conferred under Sub Section 1 of

section 24 read with sub section 6 of section

17 of the Punjab School Education Board Act

1969 as amended in 1987 in meeting held on

 28.5.98 made the amendment and in clause 7

(v) provided as under :

“7. An institution applying for affiliation to the

Board shall fulfill the following conditions :

1 to IV …………………………………………….

(V) That syllabi, Text Books and courses

prescribed/recommended by the Board shall

be used in the institution.”

The Copy of bye laws of Punjab School

Education Board attached herewith as

Annexure P-2 (pages ).

It is apparent that schools affiliated

either to CBSE or Punjab School Education

Board has to prescribe the Books for the

different classes as prescribed by the

respective Boards.

04.05.2006 The CBSE has issued another circular vide its

no. as 7/2006 dated 04.05.2006 addressing

to the Heads of all CBSE affiliated institutions

wherein CBSE taking note of bag load on

children and in order to reduce it and take

note of importance of making the learning

process enjoyable for children by restricting

the number of prescribed text books and

 reducing curriculum burden on the learners,

NCERT prepared new text books based on

National Curriculum Framework – 2005. The

Copy of CBSE issued circular No. 7/2006

dated 04.05.2006 attached herewith as

Annexure P-3 (Pages ).

22.06.2006 The CBSE issued circular No. 12 dated

22.6.2006 wherein, they, apart from

instructions relating methods of teaching,

introduction of new subjects etc. prescribe

and give information of books published by

CBSE and NCERT. Earlier they use to

recommend some privately published books

in regard to some subjects. However from

academic year 2005-2006 it stopped

recommending books at senior secondary

level. In this circular it was noticed that many

Publisher are still selling their text books

under false claim of being recommended by

CBSE which is misleading. Teachers were

warned in this respect. The Copy of CBSE

issued circular No. 12 dated 22.6.2006

attached herewith as Annexure P-4 (Pages .

17.04.2007 The CBSE issued another circular No.

21/2007 dated 17.04.2007 wherein CBSE

issued, reminding the subject of ‘Reducing

the bag load on children’. Complete list of

NCERT text books for all classes upto class

VIII was provided and or asked to ensure

strict compliance with regard to number of

books prescribed so that the students and

parents are not burdened academically or

financially. The Copy of CBSE issued circular

No. 21/2007 dated 17.04.2007 attached

herewith as Annexure P-5 (Pages to ).

02.08.2007 The CBSE issued another circular No. 38/07

dated 02.08.2007 wherein CBSE issued

reminder regarding compliance of earlier

circular No. 12 dated 22.6.2006. The Copy of

CBSE issued circular No. 38/07 dated

02.08.2007 attached herewith as Annexure

P-6. (Pages to )

Dated Nil The schools prescribes books of private

publishers with a purpose as private

publishers and book seller offer them

Commission for prescribing the books

published by private publisher. Thus there is

a nexus between publisher, book seller and

privately managed schools. This is the reason

that these school supply the list of books

available at a particular shop only and in this

way student/parents are forced/compelled to

purchase the books from a particular shop.

Some time even these bookseller are

permitted to open shop in the school itself

with an added commission. This is nothing

but a commercialization of the education

which is prohibited as held in different

judgments Hon’ble Supreme Court of India.

In this way the common man is forced to pay

through his nose much more without any

added advantage to the students. This all is

being done against rules and regulation of the

respective affiliated boards. In Mandi

Gobindgarh itself the list of books prescribed

by different schools for Sessions 2009-2010

shows that book prescribed by these private

schools are of private publishers. Photo

copies of List of ST Farid Public School,

Mandi Gobindgarh, C.S. Inter-nation School

Mandi Gobindgarh, Gobindgarh Public

School, Om Parkash Bansal Modern School

 Mandi Gobindgarh are attached herewith as

Annexures P-7 (colly.) (Pages to )

2.1.2010 The petitioner served legal notice calling

upon CBSE and NCERT to stop the practice

of prescribing books by privately managed

schools, published by private publishers. In

this respect notices were also sent to some of

the private schools, publishers of books and

book sellers calling upon them to stop this

practice. The copy of legal notice dated

02.01.2010 being annexed herein and

marked as Annexure-P-8. (Pages to )

19.01.2010 The petitioner served reminder legal notice

dated 19.01.2010 calling upon privately

managed schools, and various private

publishers to stop this practice. The copy of

legal notice dated 19.01.2010 being annexed

herein and marked as Annexure-P-9. (Pages

to )

28.02.2010 Feeling aggrieved by the inaction of the

concerned authorities and boards, the

petitioner filed writ petition in the nature of

PIL before the High court of Punjab and

Haryana vide Writ Petition No. 3834 of 2010

seeking relief :

“To issue writ in the nature of

mandamus or any other appropriate writ

order or direction, directing respondent

Nos. 1 to 4 to take an appropriate action

against the privately managed Schools

and directing them to prescribe and

teach books prescribed by respective

Boards and published by National

Council of Education Research and

Training (NCERT) as the privately

managed Schools are prescribed books

published by private publishers which

are four to five time costly as compared

to books prescribed by Board.

AND

Further respondent Nos. 1 to 4 be

directed to take an appropriate action

against privately managed schools, who

are commercializing the education by

way of nexus with Private Publishers

and Booksellers.”
09.04.2013 The Hon’ble High court vide its judgment and

order dated 09.04.2013 disposed of the PIL

with directions to the States of Punjab,

Haryana as well as Union Territory,

Chandigarh to examine the feasibility of

establishing such a mechanism and take

decision thereupon within a period of six

months from today. Till that is done and in

order to sort out the issue as to whether the

hike in fees by the schools is proper or not,

High court would like to follow the same path

as done by the High Court of Delhi, namely,

setting up a Committee with the task to go

into the accounts of the Schools and find out

the reasonableness of increase in fees by the

schools. Accordingly, High court appointed

three committees, one each for the State of

Punjab, State of Haryana and Union

Territory, Chandigarh. In addition all the

schools shall also render full cooperation to

the Committee(s) by submitting the Account

and other necessary information demanded

by the Committee(s). The scope of the work

undertaken by the Committee(s) shall be

restricted to the academic year 2012-13.

Likewise, for the academic year 2013-14,

though the schools shall have the right to fix

their fees structure, they will have to justify

the same by producing necessary material

before the Committee(s). The Committee(s)

shall be entitled to specifically look into the

aspects as to how much fees increase was

required by each individual school on the

examination of records and accounts etc. of

these schools and taking into consideration

the funds available etc. at the disposal of the

schools. While doing this exercise, it shall

keep in mind the principles laid down by the

Supreme Court in Modern School case (supra)

as well as Action Committee Unaided Pvt.

Schools case (supra) and other decision noted

by us in this judgment. Needless to mention

in case it is found that the fees hiked by the

schools was more than warranted, the

direction can be given to those schools to

refund the same to the students.

That the High court has not issued any

directions in the light of the prayer made by

the petitioner in their writ petition vide its no.

 3834 of 2010 while disposing of another

similar petition along with the writ of the

petitioner regarding manner of arrangement

of the low cost books as provided by the

CBSE or NCERT. It is submitted that non

issuance of direction to this aspect of relief

vitiates the entire direction of the Hon’ble

High Court. It is further submitted that such

kind of directions were/are issued by the

different High Courts as a result of which

there is not any infirmity in the rules and

regulations and mechanism made available in

different part of the country. In these

circumstances, it is required necessary

intervention of this Hon’ble Court to provide

uniform code of basic education in entire

country. By which the purpose of the Article

21-A could be served and the books and other

related things would made available either

free of cost or on minimum cost as decided by

the government or other concerned board or

authorities as applicable.

.08.2013 Hence the present Special Leave Petition.

2. QUESTIONS OF LAW:

The following questions of law arise for consideration by

this Hon'ble Court:

i) Whether it is legally permissible to privately managed

schools to prescribe and teach books published by

private publishers in ignorance of duly recommended,

prescribed and published book by the Central Board

of School Examination and NCERT which costs three

four times more?

ii) Whether the privately managed schools can be

controlled through the regulations relating to

recognition, affiliation in regard to Article 21-A of

Constitution of India which provides free school

education?

iii) Whether the privately managed

schools are prohibited from commercializing the

education after concept of free school education?

iv) Whether privately managed schools

are bound to prescribe books prescribed by NCERT or

affiliated Board?
v) Whether statutory authorities are duty

bound to stop commercialization in education and

kept away the students and their parents from their

exploitation?

3. DECLARATION IN TERMS OF RULE 4(2):

The petitioner states that no other petition for Special

Leave to Appeal has been filed by him against the

impugned Judgment and final order dated 09.04.2013

passed by the Hon'ble High Court of Punjab and

Haryana at Chandigarh in Civil Writ Petition No. 3834 of

2010 (O&M).

4. DECLARATION IN TERMS OF RULE 6:

The Annexures P-1 to P- produced alongwith the SLP

are true copies of the pleadings/documents, which formed

part of the records of the case in the Court/Tribunal below

against whose order the Leave to Appeal is sought for in this

Petition.

5. GROUNDS:

Leave to Appeal is sought on the following grounds.

A) That this Hon’ble Court may please to appreciate that

the privately managed schools has to prescribe and

teach books as recommended, prescribed and

published book by the Board and NCERT?

B) Because it is legally not permissible to privately

managed schools to prescribe and teach books

published by private publishers in ignorance of duly

recommended, prescribed and published book by the

Central Board of School Examination and NCERT

which costs three four times more.

C) Because the privately managed schools should be

controlled through the regulations relating to

recognition, affiliation in regard to Article 21-A of

Constitution of India which provides free school

education.

D) That this Hon’ble Court may please appreciate that

the privately managed schools are prohibited from

commercializing the education?

E) That this Hon’ble Court may please appreciate that

the privately managed schools are bound to prescribe

books prescribed by NCERT or affiliated Board?

F) That this Hon’ble Court may please appreciate that

the statutory authorities should have to be duty

bound to stop commercialization in education and

kept away the students and parents from

exploitation.