Private Schools’ Rights Subject to Reasonable Regulation in Public Interest: J&K High Court
Upholds JKBOSE Decision on Prescribed Textbooks, Dismisses Appeal by Private Schools United Front
Srinagar, June 24: The High Court of Jammu & Kashmir and Ladakh has ruled that the constitutional right to establish and administer educational institutions is not absolute and remains subject to reasonable regulations imposed in the larger public interest.
The observation was made by a Division Bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem while dismissing an appeal filed by the J&K Private Schools United Front against directives issued by the Jammu and Kashmir Board of School Education (JKBOSE) mandating the use of Board-prescribed textbooks in affiliated schools.
The Court held that the right to carry on an occupation under Article 19(1)(g) of the Constitution, including the establishment and management of educational institutions, can be regulated through lawful measures aimed at serving the broader interests of society.
Emphasizing the significance of maintaining academic standards, the Bench observed that regulation of education, including the prescription of curriculum and textbooks, constitutes a reasonable restriction intended to ensure quality education and uniformity in educational content across the Union Territory.
The Court further noted that decisions relating to educational policy, particularly curriculum design and textbook selection, fall primarily within the domain of expert and regulatory authorities. Judicial intervention in such matters, the Bench said, is warranted only when a policy is shown to be manifestly arbitrary, unreasonable, or contrary to statutory provisions.
While upholding the powers of JKBOSE to prescribe textbooks for affiliated schools, the Court observed that measures aimed at ensuring quality education and maintaining uniform academic standards do not violate constitutional guarantees and are fully consistent with the legal framework governing school education.
Accordingly, the Division Bench dismissed the appeal and affirmed the legality of JKBOSE’s policy requiring all affiliated schools to follow the curriculum and textbooks prescribed by the Board.
The judgment is being viewed as a significant reaffirmation of the authority of educational regulatory bodies to frame policies in the interest of maintaining uniform standards and improving the quality of education across Jammu and Kashmir.(KNC)