SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has affirmed the authority of the Jammu and Kashmir Board of School Education (JKBOSE) to mandate the use of its prescribed textbooks in affiliated private schools. The court ruled that the right of private educational institutions to operate is subject to reasonable regulations for the broader public interest.
Information was available with The Chenab Times that a Division Bench, comprising Justice Sindhu Sharma and Justice Shahzad Azeem, heard an appeal challenging the JKBOSE directives. The appeal was lodged by the Jammu and Kashmir Private Schools United Front, which contested the board’s requirement for affiliated schools to adhere to its prescribed textbooks and curriculum.
The High Court’s judgment emphasized that the constitutional right to establish and administer educational institutions, as provided under Article 19(1)(g) of the Constitution, is not absolute. The court stated that this right can be subject to lawful measures designed to serve wider societal interests and the public good.
The Bench concluded that the regulation of education, including the formulation of curriculum and the selection of textbooks, constitutes a reasonable restriction. Such measures are intended to ensure the delivery of quality education and maintain uniform academic standards throughout the Union Territory of Jammu and Kashmir.
The court further underscored that decisions concerning educational policy, particularly the development of curricula and the choice of textbooks, primarily fall within the purview of expert and regulatory bodies. Judicial intervention, the court noted, is only justified if a policy is demonstrably arbitrary, unreasonable, or in contravention of statutory provisions.
In upholding JKBOSE’s power to dictate textbooks for its affiliated institutions, the court found that such regulations, aimed at enhancing educational quality and academic consistency, do not infringe upon constitutional guarantees. These actions are deemed to be in alignment with the legal framework governing school education.
Consequently, the Division Bench dismissed the appeal filed by the Jammu and Kashmir Private Schools United Front. The court’s decision validates the legality of the Board’s policy that mandates all affiliated schools to adopt the curriculum and textbooks specified by JKBOSE, reinforcing the regulatory power of the educational board.
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