Srinagar, Jun 24 (KNS): The Jammu & Kashmir and Ladakh High Court on Wednesday ruled that private schools' right to administer institutions is not absolute and is subject to reasonable regulation in public interest, while upholding the JKBOSE's mandate on prescribed textbooks.
A Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem dismissed an appeal by the J&K Private Schools United Front, which had challenged the Jammu and Kashmir Board of School Education's directives making it compulsory for affiliated schools to use Board-prescribed books.
The court held that while running educational institutions falls under the right to carry on occupation under Article 19(1)(g) of the Constitution, such rights could be regulated through lawful measures for larger societal good.
"The regulation of education, including prescription of curriculum and textbooks, is a reasonable restriction to ensure quality education and uniformity," the Bench observed.
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The court further said policy decisions on curriculum and textbook selection were within the domain of expert bodies, and judicial intervention was called for only if such policies were found manifestly arbitrary or violative of statutory provisions.
Upholding the JKBOSE's powers, the Bench said measures for ensuring quality education and uniform academic standards do not infringe upon constitutional guarantees.
With this, the court dismissed the appeal and affirmed the legality of the Board's policy.
Legal experts viewed the judgment as a significant endorsement of the regulatory authority's role in maintaining educational standards across the Union Territory. (KNS)