The Calcutta High Court has held that the Publishers and Booksellers Guild does not perform a public function while organising the International Kolkata Book Fair and cannot be subjected to writ jurisdiction under Article 226 of the Constitution of India for its stall-allotment decisions. A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Sandip Kumar De dismissed an appeal challenging the rejection of a writ petition filed after a stall was denied to an organisation during the 48th edition of the book fair.
Background
The appeal was filed by the Association for Protection of Democratic Rights and another against the State of West Bengal and others. The association, which had participated in the book fair for several years, challenged the Guild's refusal to allot it a stall for the 48th edition.
A single judge had dismissed the writ petition on January 10, 2025, holding that the Guild was a private body and did not perform a public duty by conducting the book fair. The appellants subsequently approached the Division Bench, arguing that the event served a broader educational purpose by promoting literacy and public access to books.
They also pointed to the Guild's stated objective of encouraging literacy and education, along with the State's support for the event, including the use of public infrastructure. According to the appellants, these factors justified judicial scrutiny of the stall-allotment decision.
The Bench examined whether organising the book fair amounted to a public function and whether the Guild owed a public duty that could be enforced through a writ petition.
The Court distinguished between imparting education through educational institutions and organising a commercial book fair where books are exhibited and sold. It observed that the Guild's objective of promoting literacy, by itself, did not transform its activities into a constitutionally enforceable public function.
The judgment stated,
"A book fair is a platform where large number of books from multiple disciplines are exhibited and the books are sold on commercial basis. Such an activity cannot be per se, included in the concept of imparting education as sought to be canvassed by the appellants."
The Bench also considered the State's patronage of the event. It held that government support for a cultural activity did not amount to transferring an essential governmental function to the Guild. The Court noted that several other organisations also conduct book fairs and that the Guild did not exercise exclusive control over such events across the State or the country.
The Division Bench concluded that the Guild did not owe a public duty in organising the International Kolkata Book Fair. It held that the activity was private in nature and that the writ petition under Article 226 was not maintainable against the Guild.
The Court further declined to examine the legality of the stall-allotment decision, noting that the 48th edition had already taken place and the issue had consequently become irrelevant for adjudication in the appeal.
Accordingly, the Calcutta High Court dismissed the appeal, upheld the single judge's order and disposed of the connected application.
No order as to costs was passed.
Case Details:
Case Title: APDR and Another v. State of West Bengal and Others
Case Number: FMA No. 390 of 2025 with CAN 1 of 2025
Judges: Justice Sabyasachi Bhattacharyya and Justice Sandip Kumar De
Decision Date: October 6, 2026
