SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has upheld the Jammu and Kashmir Board of School Education’s (JKBOSE) decision mandating the use of Board-prescribed textbooks in affiliated schools, ruling that the right of private institutions to establish and administer educational institutions is subject to reasonable regulation in the larger public interest.
A Division Bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem dismissed an appeal filed by the Jammu and Kashmir Private Schools United Front challenging JKBOSE directives requiring affiliated schools to follow Board-prescribed textbooks and curriculum.
In its judgment, the court observed that the constitutional right to carry on an occupation under Article 19(1)(g) of the Constitution, including the establishment and management of educational institutions, is not absolute and can be regulated through lawful measures intended to serve broader societal interests.
The Bench held that the regulation of education, including prescription of curriculum and textbooks, constitutes a reasonable restriction aimed at ensuring quality education and maintaining uniform academic standards across the Union Territory.
The court emphasised that matters relating to educational policy, particularly curriculum formulation and textbook selection, fall primarily within the jurisdiction of expert and regulatory authorities. It observed that judicial intervention in such matters is warranted only when a policy is shown to be manifestly arbitrary, unreasonable or contrary to statutory provisions.
While affirming JKBOSE’s authority to prescribe textbooks for affiliated institutions, the court held that measures designed to ensure quality education and academic uniformity do not violate constitutional guarantees and are consistent with the legal framework governing school education.
The Division Bench consequently dismissed the appeal filed by the Jammu and Kashmir Private Schools United Front. It upheld the legality of the Board’s policy requiring all affiliated schools to follow the curriculum and textbooks prescribed by JKBOSE.
The ruling is being viewed as a significant endorsement of the powers of educational regulatory bodies to frame and implement policies to maintain uniform standards and improve the quality of education across Jammu and Kashmir. (KNC)
