The Allahabad High Court has held that the Secretary of the Board of High School and Intermediate Education, Prayagraj, is the competent authority to prescribe textbooks for Classes 10 and 12, while clarifying that private publishers cannot be restrained from selling non-prescribed books in the open market so long as they do not violate statutory provisions.
A Division Bench of Justice Niraj Tiwari and Justice Garima Prasad passed the order while disposing of a writ petition filed by M/s Rajiv Prakashan, which had challenged an order issued by the Board Secretary.
The Bench refused to interfere with the impugned order, holding that the power to prescribe textbooks for High School and Intermediate examinations lies with the Board’s Secretary.
The Court observed:
“We are of the opinion that the impugned order does not require any interference in this writ petition for the reason that it is the power and jurisdiction of the authority to prescribe textbooks for studies in high school and intermediate examinations.”
At the same time, the Court made it clear that publishers are not barred from printing and selling books that are not prescribed by the Board, provided there is no violation of the Uttar Pradesh Course Books Act, 1979 (UP Act No. 7 of 1979) or any other applicable law.
It held:
“In case the petitioner is not committing any violation of the provisions of the Act or any other law, they cannot be restrained from publishing books or selling them in the open market which are not the prescribed textbooks of the Parishad.”
The Bench added that issues such as pricing or quality of such books are commercial matters, and the publisher would have to bear the consequences of its own marketing decisions.
The Court clarified that if any statutory violation is found, the State authorities are at liberty to take action under the relevant law.
“In case the petitioner is violating the provisions of UP Act No. 7 of 1979 or any other law, the State respondents are always at liberty to take recourse to the action contemplated therein.”
The Bench noted that the controversy was already settled by an earlier judgment dated April 15, 2014, and held that the present petition was squarely covered by that ruling. Accordingly, the writ petition was disposed of in the same terms.
The High Court upheld the Board Secretary’s authority to prescribe textbooks for Classes 10 and 12, while protecting the right of private publishers to sell non-prescribed books in the open market, subject to compliance with the Uttar Pradesh Course Books Act and other applicable laws.
