NEW DELHI: The
Delhi High Court on Tuesday quashed a
CBSE
circular and allowed the sale of non-NCERT books and uniforms at the
tuck shops set up at affiliated schools across the country, holding that
the sale of such items does not amount to "commercialisation" of
education.
It said the availability of books, both NCERT and non-NCERT,
stationery items and uniform in the school premises would only add to
the convenience of the parents and the students.
A single judge bench of Justice
Rekha Palli quashed a circular dated April 19, 2017 issued by
Central Board of Secondary Education
(CBSE) advising the schools not to indulge in any commercial activity
by way of selling of books, stationery, uniforms and school bags within
the premises and to adhere to the provisions of affiliation bye-laws of
the Board.
The schools were also directed by the CBSE to desist from the
unhealthy practice of coercing the parents to purchase books/uniform
from shops within the school premises or from selected vendors only.
"The Writ Petition filed by the Petitioners (
Association of School Vendors) is allowed and the circular dated April 19, 2017, issued by CBSE is quashed and set aside.
"It is further directed that the Petitioners shall not be prohibited
from the selling of non-NCERT books and uniforms also in the tuck shops
which have been allowed to be set up in the CBSE affiliated schools for
selling NCERT books and stationery items vide circular dated August
24/25, 2017," the bench said.
The court also quashed the conditions in another circular dated
December 18, 2017, prohibiting the sale of non-NCERT books in the school
shops and directed the CBSE to "take regulatory steps to ensure that
the students and parents are not coerced in any manner, to buy any items
from these shops".
Dealing with the question of commercialisation of education, Justice
Palli said: "the availability of books, both NCERT and non-NCERT,
stationery items and uniform in the school premises would only add to
the convenience of the parents and the students".
The court said the use of the school buildings for purposes of
education, would put a corresponding duty on the school management to
ensure that the students are provided with all necessary facilities to
help them pursue education in the school.
"The admitted case of the parties is that the aforesaid items in the
school shops would be available only to the students of the school and
not to outsiders and, therefore, I see no element of commercialisation
in the sale of these essential items in the school shops," the judge
said.
The court said that if the sale of books and uniform in the school
shops without any coercion on the students or parents to buy from these
shops, is treated as "commercialisation", there is no reason why even
the sale of food items in canteen would also not be treated as
"commercialisation".
"The availability of uniform, non-NCERT reference books or even food
items for sale only to the students of the school, in my opinion, does
not fall in the category of and cannot at all be considered as
'commercialisation'," Justice Palli said.
The court said the decision of CBSE to prohibit the sale of items,
needed by the students in the schools, merely on the premise that the
availability of these items in the school shops for sale, could be
misused as the students and parents could be forced to buy them only
from the school shop, appears to be "wholly arbitrary" and "quite
irrational".
It said that it may be more in the interest of students that the
option to buy books, both NCERT and non-NCERT, stationery and uniform
items from the school shops should be available to them.
"I have no hesitation in coming to the conclusion that the prohibition
imposed vide the impugned Circulars, does not satisfy the test of
"reasonable restrictions" under Article 19(6) of the Constitution of
India," Justice Palli said.
The court said there was also no justification to place NCERT books
and stationery items in the permissible category and placing the
non-NCERT books and uniform in the non-permissible category.