The High Court in Jammu and Kashmir has recently upheld the decision of the J&K Board of School Education (BOSE) to require private schools to prescribe textbooks published by the Board for students in grades 6 to 8. The ruling comes after a legal challenge by the J&K Private Schools United Front, a trust representing private educational institutions.
Justice Sanjay Dhar dismissed the petition, stating that it lacked merit. The court referred to Rule 11 of the School Education Rules of 2010, which mandates schools to follow the curriculum and textbooks prescribed by the Jammu and Kashmir Board of School Education. The court emphasized that the Board has the authority to make it mandatory for affiliated schools to use only the textbooks it has prescribed and published.
The court clarified that private schools and other publishers do not have the right to compel the Board to prescribe textbooks published by private publishers. It further stated that the prescription of textbooks by the Board does not infringe upon the rights of publishers or private school owners, as long as the Board has the power to do so.
The court highlighted the importance of maintaining uniformity in the education system throughout the Union Territory. It noted that allowing schools to choose textbooks from different publishers would create chaos and lack of uniformity. The court also acknowledged the potential for controversial content to enter the curriculum when schools select textbooks from various publishers. Therefore, the court supported the Board's decision to prescribe its own textbooks for use by schools and students.
The court emphasized that policy decisions and guidelines related to curriculum, syllabus, and textbook prescription should not be interfered with by the courts. It stated that such interference would render the efforts of education stakeholders, including educationists, futile.
This ruling has significant implications for private schools in Jammu and Kashmir, as they are now required to adhere to the BOSE-prescribed textbooks. It aims to ensure uniformity in the education system and prevent the inclusion of controversial content. The decision reinforces the authority of the Board in shaping the curriculum and educational resources in the region.
