Jammu September-08-2023:- Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court dismissed the petition filed by J&K Private School United Front challenge to the notification No.F(PP-Publication)B/22 dated 26.08.2022 issued by respondent No.4, whereby all the private schools have been asked to ensure that in the first phase, the text books published by the J&K BOSE are implemented/prescribed by all the private schools across UT of J&K for classes 6thto 8thfrom the ensuing academic session. Challenge has also been thrown to communication dated 4th January, 2023 issued by respondent No.4, communication dated 27.03.2023 issued by respondent No.6, communication dated 28.03.2023 issued by respondent No.5 and communication dated 28.03.2023 issued by respondent No.7, which, in effect, have been issued as a follow-up to the impugned notification dated 26.08.2022.
Justice Sanjay Dhar while dismissing the petition, observed that As per the aforesaid Rule, it has been made incumbent upon every school to follow curriculum and textbooks prescribed by the Jammu and Kashmir Board of School Education. These Rules have been framed in exercise of power under Section 29 of the J&K School Education Act, 2002, and have statutory force. By virtue of the resolution adopted by the Affiliation Committee of the Board, adherence to the aforesaid Rule has been made compulsory by the Board. It is pursuant to this Statutory Rule that respondent No.4 has issued the impugned notification making it obligatory upon all the schools affiliated to the Board to use the textbooks prescribed and published by the Board. Therefore, it cannot be stated that the impugned notification has been issued without the approval of the competent authority. JNF