TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Court allows Association of School Vendors' petition, non-NCERT books can be sold in school shops</h1> <h3>ASSOCIATION OF SCHOOL VENDORS & ORS Versus CENTRAL BOARD OF SECONDARY EDUCATION & ORS. And PARENTS-STUDENTS WELFARE ASSOCIATION Versus THE DIRECTORATE OF EDUCATION & ANR.</h3> ASSOCIATION OF SCHOOL VENDORS & ORS Versus CENTRAL BOARD OF SECONDARY EDUCATION & ORS. And PARENTS-STUDENTS WELFARE ASSOCIATION Versus THE DIRECTORATE OF ... Issues Involved:1. Commercialization in school premises.2. Reasonable restrictions under Article 19(6) of the Constitution.3. Classification of NCERT books and stationery items versus non-NCERT books and uniforms.4. Whether CBSE circulars can override statutory bye-laws and rules.5. Locus standi of the petitioners.Issue-wise Detailed Analysis:1. Commercialization in School Premises:The Court examined whether the sale of books, stationery, and uniforms in school premises constitutes 'commercialization.' It concluded that such sales, when not coerced, do not amount to commercialization. The Court noted that the term 'commercialization' should be interpreted contextually, meaning activities unrelated to education. The sale of essential items like books and uniforms within school premises for the convenience of students and parents does not fall under commercialization.2. Reasonable Restrictions under Article 19(6):The Court evaluated if the CBSE's prohibition on selling non-NCERT books and uniforms in school shops was a 'reasonable restriction' under Article 19(6). It found the prohibition arbitrary and irrational, noting that regulation rather than outright prohibition would be more appropriate. The Court emphasized that restrictions should be reasonable and not amount to a total prohibition unless absolutely necessary.3. Classification of NCERT Books and Stationery Items versus Non-NCERT Books and Uniforms:The Court found no justifiable basis for the CBSE's classification that allowed the sale of NCERT books and stationery but prohibited non-NCERT books and uniforms. It held that such classification was discriminatory and lacked a rational nexus with the objective of preventing commercialization. All these items are essential for students, and there was no valid reason to treat them differently.4. Whether CBSE Circulars Can Override Statutory Bye-laws and Rules:The Court addressed whether the CBSE circulars permitting the sale of NCERT books and stationery in school premises violated statutory provisions. It concluded that since the sale of these items does not amount to commercialization, the circulars do not contravene any statutory bye-laws or rules. Thus, the circulars were deemed consistent with the statutory framework.5. Locus Standi of the Petitioners:The Court rejected the CBSE's challenge to the petitioners' locus standi. It held that the Association of School Vendors and the parents of school-going children were directly impacted by the circulars, thus having the standing to challenge them. The Court referenced the Supreme Court's decision in Indian Express Newspaper (Bombay) Pvt. Ltd. Vs. Union of India, emphasizing that the impact of the impugned actions on the petitioners' rights was sufficient to establish locus standi.Conclusion:The Court allowed the writ petition filed by the Association of School Vendors, quashing the CBSE circular dated 19th April 2017. It directed that non-NCERT books and uniforms could also be sold in school tuck shops. The writ petition filed by the Parents-Students Welfare Association was dismissed. The Court emphasized that regulatory measures should be taken to prevent coercion of students and parents to buy items from school shops.
TaxTMI 
TaxTMI 
