UP Board Can Prescribe Textbooks for Classes 10, 12: Allahabad HC Ruling

UP Board textbooks for classes 10 and 12 can be prescribed by UPMSP, Allahabad High Court ruled. However, publishers are free to sell books as long as they do not violate Uttar Pradesh Course Books Act. Check details 

UP Board Can Prescribe Textbooks for Classes 10, 12

UP Board 10, 12 Textbooks: Uttar Pradesh Madhyamik Shiksha Parishad, Prayagraj, has authority to decide which textbooks will be prescribed for UP Board Classes 10 and 12 in its affiliated schools. This was clarified by Allahabad High Court while hearing a petition filed by publisher M/s Rajiv Prakashan. A two-judge bench comprising Justice Niraj Tiwari and Justice Garima Prasad passed this order. The publisher had challenged a directive issued by Board Secretary regarding prescription of UP Board textbooks for classes 10th and 12th. 

In its order dated February 19, High Court made it clear that UP Board has legal right to select and prescribe official textbooks for UPMSP classes 10 and 12. However, court also stated that the petitioner cannot be prevented from publishing or selling its books in open market, as long as it does not violate the provisions of Uttar Pradesh Course Books Act.

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“We are of the opinion that the impugned order does not require any interference in this writ petition for the reason that it is the power and jurisdiction of the authority to prescribe textbooks for studies in high school and intermediate examinations. In case the petitioner is violating the provisions of UP Act No. 7 of 1979 or any other law, the State respondents are always at liberty to take recourse to the action contemplated therein," the court stated.

“However, in case the petitioner is not committing any violation of the provisions of the Act or any other law, they cannot be restrained from publishing books or selling them in the open market which are not the prescribed textbooks of the Parishad. Even if such books are not up to the standard of the textbooks of the Parishad or are highly priced, the petitioner himself has to bear the consequences of his marketing efforts."

The court further noted that this matter had already been addressed in a similar case in 2014. Therefore, the present writ petition was disposed of in accordance with the earlier judgment of High Court. The court also noted that it had examined its earlier judgment dated April 15, 2014, and found that “the issue raised in the present petition is squarely covered by the aforesaid judgment". 

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