The High Court of Jammu & Kashmir and Ladakh has upheld the Jammu & Kashmir Board of School Education’s (JKBOSE) decision requiring affiliated private schools to use textbooks prescribed and published by the Board for Classes VI to VIII. A Division Bench dismissed an appeal filed by the J&K Private Schools United Front, finding no legal infirmity in the Board’s policy or the notifications enforcing it.
Background of the Case
The dispute arose after JKBOSE issued notifications in August 2022 and January 2023 directing all private schools in the Union Territory to adopt only Board-published textbooks for Classes VI to VIII. Subsequent communications sought compliance reports and action against institutions allegedly prescribing books from private publishers.
The J&K Private Schools United Front challenged these directions, arguing that while the Board could prescribe syllabi and curricula, it could not compel schools to exclusively purchase and use textbooks published by the Board itself. The organization also questioned the authority of officials who issued the notifications.
A Single Judge had rejected the challenge in September 2023, prompting the present Letters Patent Appeal before the Division Bench.
Court’s Observations
The Bench of Justice Sindhu Sharma and Justice Shahzad Azeem examined the statutory framework governing school education in Jammu & Kashmir. The court noted that the J&K Board of School Education Act, 1975 expressly empowers the Board to prescribe courses of instruction, prepare curricula and syllabi, and prescribe textbooks.
Rejecting the appellants’ argument, the court observed that the authority to prescribe textbooks necessarily includes the power to determine which books affiliated schools must use.
“The power to prescribe textbooks necessarily includes the authority to determine which books are to be used in affiliated schools,” the bench observed while holding that the Board’s actions were supported by statute and educational policy considerations.
The court further emphasized that institutions voluntarily seeking affiliation with JKBOSE are bound by the terms and conditions of affiliation, including adherence to prescribed curricula and textbooks.
Referring to Supreme Court precedents, the Bench said regulation of education and maintenance of academic standards are legitimate objectives and that reasonable restrictions can be imposed in the larger public interest. It also noted that courts ordinarily refrain from interfering in educational policy unless a decision is shown to be arbitrary, unreasonable, or contrary to law.
Decision
The High Court concluded that the impugned notifications and circulars were neither arbitrary nor beyond the Board’s powers. It held that JKBOSE had acted within its statutory authority while prescribing textbooks for affiliated schools and that the policy was aimed at ensuring educational uniformity and quality standards across the Union Territory.
Accordingly, the Division Bench dismissed the Letters Patent Appeal and affirmed the earlier judgment of the Single Judge, thereby upholding the Board’s textbook policy for affiliated private schools.
Case Details
Case Title: J&K Private Schools United Front v. Union Territory of J&K & Ors.
Case Number: LPA No. 241 of 2023 (in WP(C) No. 702/2023)
Judges: Justice Sindhu Sharma and Justice Shahzad Azeem
Decision Date: 06 June 2026
