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High Court of Punjab and HaryanaCWP/8637/2021disposed of

Federation Of Private Schools And Association Of Punjab v. State Of Punjab And Others

2025-04-21Mr. Justice Harsimran Singh Sethi3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 298(3) Decided on : 21.04.2025 298(1) CWP-8637-2021 (O&M) FEDERATION OF PRIVATE SCHOOLS AND ASSOCIATION OF PUNJAB . . .Petitioner

Versus

STATE OF PUNJAB AND OTHERS . . . Respondents 298(2) CWP-8934-2021 (O&M) CBSE AFFILIATED SCHOOLS ASSOCIATION (REGD.) . . .Petitioner

Versus

STATE OF PUNJAB AND OTHERS . . . Respondents 298(3) CWP-27768-2022 (O&M) RECOGNIZED AFFILIATED SCHOOLS ASSOCIATION REGD. . . .Petitioner

Versus

STATE OF PUNJAB AND OTHERS . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. D.S. Gandhi, Advocate for the petitioner in CWP-8637-021 & CWP-27768-2022.

Mr. Sameer Sachdeva, Advocate for the petitioner in CWP-8634-2021.

Mr. Malkiat Singh, DAG, Punjab.

Mr. Kannan Malik, Advocate for the respondent No. 6 in CWP-8637-2021 and for respondent No. 3 in CWP-8934-2021.

**** HARSIMRAN SINGH SETHI , J. (Oral) 1.

Present bunch of three petitions the details of which are mentioned in the heading, involve common point of law and common set of

CWP-8637-2021 (O&M) AND CONNECTED CASES -2facts, hence, they are being dealt together. 2.

In the present petitions, the grievance being raised by the petitioners is that by the impugned letter dated 12.03.2021 (Annexure P-6), a direction has been issued to all the private schools affiliated with C.B.S.E., I.C.S.E. and any other Board that only the books published by the NCERT and CISCE are to be taken into consideration fro imparting the education as the same is contrary to the provisions of the C.B.S.E and I.C.S.E., wherein, the CBSE has allowed the use of the books apart by the books published by the NCERT and CISCE subject to the certain conditions. 3.

Learned counsel for the respondent- C.B.S.E. submits that though the said benefits have been given to the certain private schools but, as per the regulations of the C.B.S.E., the schools are required to fulfill all the directions issued by the State in the said connection and therefore, any direction issued by the State that only the books by the NCERT and CISCE are to be taken into account for imparting the studies, is in consonance with the directions issued by the CBSE.

4.

Learned State counsel on the other hand submits that though the petitioners are contending that they have the right to take helps of the book published by the other institution apart from the books published by the NCERT and CISCE to impart education to the students, but the same is with certain conditions, but in order to avoid any ambiguity, the private schools have been directed that only the books published by the NCERT and CISCE should be taken into account for imparting education and nothing evident has come on record as to why the said condition of using the books published by the NCERT and CISCE is bad in any manner. Learned counsel for the State further submits that the State has provided a direction that only the books

CWP-8637-2021 (O&M) AND CONNECTED CASES -3published by the NCERT and CISCE are to be taken into account for imparting education, the petitioners should not have any objections in this regard.

5.

Learned counsel for the respondents-State further submits that in case, the petitioners gets any order from the CBSE Board or from any other Board with which the private schools are affiliated with regard to the use of any particular book as being asked by the private institutions, and the said order is brought to the notice of the State, the State will take appropriate decision by passing appropriate speaking order on the said issue. 6.

Learned counsel for the petitioners submits that keeping in view the statement made by learned counsel for the State recorded herein above, the present petition may kindly be disposed of having been not pressed any further, with liberty to approach the C. B.S.E., I.C.S.E. or any other Board with which the private schools are affiliated to allow the use of the other books as well apart from the books published by the NCERT and CISCE so as to place before the State to take appropriate decision. Ordered accordingly.

8.

Pending civil miscellaneous application, if any, stands disposed of.

9.

A photocopy of this order be placed on the file of connected case.

(HARSIMRAN SINGH SETHI) JUDGE 21.04.2025 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No