1 2025:CGHC:36966 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3957 of 2025 Chhattisgarh Private School Management Association A Registered Education Society, Registered Under The Societies Registration Act, 1973, Bearing No. Cg Rajya 3940, Having Office At J.D. Daga Higher Secondary School Premises, Civil Lines, Raipur, District - Raipur (C.G.) Through Its President Rajiv Gupta. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Raipur (Chhattisgarh) 2 - Director Public Instruction Directorate Of Public Instruction, Mantralaya, Indravati Bhawan, Block-3, 1st Floor, Atal Nagar, Naya Raipur, District Raipur (C.G.) 3 - District Education Officer Raipur, District Raipur (C.G.) 4 - District Education Officer Bilaspur, Distt. Bilaspur (C.G.) 5 - District Education Officer Kawardha, Distt Kabirdham (C.G.) 6 - District Education Officer Mahasamund District Mahasamund (C.G.) 7 - District Education Officer Dhamtari District Dhamtari (C.G.) 8 - District Education Officer Gariaband District Gariaband (C.G.) 9 - District Education Officer Balod, District Balod (C.G.) 10 - District Education Officer North Bastar-Kanker District North Bastar- Kanker (C.G.) 11 - District Education Officer Korea, District Korea (C.G.). ---- Respondents 2 ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Ashish Shrivastava, Sr. Advocate with Mr. Rahul Ambast, Advocate. For the State : Mr. Satish Gupta, GA. ----------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 29.07.2025 1. With the consent of the parties, matter is heard finally. 2. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: “10.1 It is prayed that this Hon'ble Court may kindly be pleased to call for the entire records concerning the case of the petitioner Association from the possession of the respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ quashing and setting aside the letter/memos dated 25/06/2025, 06/05/2025, 06/05/2025, 01/05/2025, 01/05/2025, 21/04/2025, 15/04/2025, 03/03/2025 & dated 13/02/2025 (Annexure P/1), issued by the Respondent No.3 to 11 DEOs of various Districts in the State of Chhattisgarh, by declaring the same to be arbitrary, illegal, unreasonable and inoperative in law so far as it relates with imposing condition for purchasing only NCERT/SCERT textbooks and restriction on using the private publication textbooks and any other study material from the open market. 10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding the respondents not to impose unreasonable restrictions for purchasing private publication textbooks and other study material which are otherwise not supplied by the respondent State for Class 1 to Class 12. 3 10.4 Any other relief/reliefs which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition may also please be granted to the petitioners.” 3. Relevant facts for disposal of this writ petition are that the Petitioner Association (Chhattisgarh Private Schools Management Association) is an educational society duly registered under the Chhattisgarh Societies Registration Act, 1973 (for short Act of 1973). Registration No.3940 is issued by the Deputy Registrar of the Societies, Raipur Division, having Societies Registration Certificate dated 06/09/2012 and its registered office is situated at JD Higher Secondary School premises, Civil Lines, Raipur (CG). Petitioner Association are having sufficient numbers of Private Schools in all over the State of Chhattisgarh as its members. The Petitioner Association, by way of the instant writ petition, seeks to invoke extra ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India by challenging the legality and validity of impugned letters/memos Annexure P-1 issued by the concerned respondent/District Education Officer (DEO), i.e, “dated 25/06/2025 issued by the District Education Officer, District Raipur (CG); dated 06/05/2025 issued by the District Education Officer, District Bilaspur (CG); dated 06/05/2025 issued by the District Education Officer, District Gariaband (CG); dated 01/05/2025 issued by the District Education Officer, District North Bastar-Kanker (CG); dated 01/05/2025 issued by the District Education Officer, District Korea (CG); dated 21/04/2025 issued by the District Education Officer, District Dhamtari (CG); dated 15/04/2025 issued by the District Education Officer, District Mahasamund (CG); dated 03/03/2025 issued by the District Education Officer, District Kabirdham (CG) & dated 13/02/2025 issued by the 4 District Education Officer, District Balod (CG), whereby the respective DEO of the aforesaid Districts have issued a general instructions/directions to all the Government Aided Schools and Unaided Non-governmental/private Schools to ensure use of only NCERT/SCERT publication books for Class 1st to Class-10th curriculum for the academic session 2025-2026 strictly failing which appropriate action with regard to de-recognition will be taken against such schools. Respondents/DEO also directed specifically to all the private unaided schools, which are affiliated to Central Board of Secondary Education (CBSE) to use only NCERT/SCERT publication books and not to use any private publication books. 4. Learned Senior Counsel appearing on behalf of the petitioner submits that earlier the petitioner-association approached before this Court by way of writ petition (WPC No.2345/2022), wherein vide order dated 15.06.2022, this Court has passed the following order/direction as an interim measure "Meanwhile, if the petitioner approaches the respondents for the purpose of supply of books, he will give an undertaking. However, the respondents shall not initiate any coercive steps against the petitioner in the event if the petitioner-establishment go in for purchase of any books from the open market other than whose which are supplied by the Pathya Pustak Nigam". Learned Senior Counsel further contended that aforesaid direction given by the respondent/DEO is arbitrary and illegal as per notification dated 12.08.2024 (Annexure P-12) issued by the CBSE, further petitioner- association is ready to follow the guidelines/directions issued by the CBSE as per notification dated 12.08.2024 (Annexure P-12). Hence, it 5 is prayed that impugned letters/memos Annexure P-1 issued by the concerned respondent/DEO be set-aside. 5. Learned State Counsel opposes the submission of counsel for the petitioner and would submit that the private schools are trying to sell and purchase of books from the open market, however, he admitted the fact that aforesaid notification has been issued on 12.08.2024 by the CBSE as Annexure P-12. 6. Heard learned counsel for the parties and perused the material/document available on record including the impugned letters/memos Annexure P-1 & Notification Annexure P-12. 7. It is pertinent to mention here that petitioner’s School are affiliated from the CBSE and not affiliated from the Chhattisgarh Board of Education. 8. For ready reference, relevant portion of Notification dated 12.08.2024 (Annexure P-12) issued by the CBSE extracted below: “Classes 1 to VIII a) Schools are strongly advised to follow NCERT/SCERT textbooks Schools may use supplementary material as per their requirement which must be aligned with the NCF-FS and NCF- SE. Such chosen supplementary material must aim to contain the essential core material (together with discussion, analysis, examples, and applications) Classes-IX to XII b) Schools shall mandatorily follow the NCERT textbooks prescribed in CBSE curriculum. For subjects in which NCERT/SCERT books are not available, CBSE books uploaded on the website must be followed. Schools can use supplementary material as per their requirement. Use of Digital Content can also 6 be explored to augment the textbooks. The supplementary material and Digital Content used by the school must invariably be aligned with NCF-SE. c) Extreme care should be taken while using supplementary material, Digital Content as well as books of private publishers, if so used, so that there is no objectionable content that hurts the feeling of any class, community, gender or any religious group in society. 2.4.7.1 Schools shall put a list of prescribed books for all the classes on their website with the written declaration duly signed by the Manager and the Principal to the effect that they have gone through the contents of the books prescribed by the school and own the responsibility. If a school is found prescribing a book having any objectionable content, the responsibility for such content shall lie with the school and action will be initiated against the School by the Board” 9. It is pertinent to mention here that learned Senior Counsel appearing on behalf of the petitioner-association contended before this Court that petitioner-association shall follow the guidelines/directions issued by the CBSE as per notification dated 12.08.2024 (Annexure P-12). 10.For the foregoing discussions/observation, writ petition is allowed. Impugned letters/memos Annexure P-1 (colly) issued by the concerned respondent/DEO are hereby set-aside to the extent of imposing condition for purchasing of only NCERT/SCERT textbooks and restriction on using the private publication textbooks and any other study material from the open market. It is directed that petitioner- association/schools shall follow the guidelines/directions/rules notified by the CBSE vide notification dated 12.08.2024 (Annexure P-12). 7 However, it is made clear that concerned respondents/competent authority will be at liberty to take steps/action against the petitioner- association/schools in accordance with relevant rules/law/regulation if they found any violation of the guidelines/directions of Notification dated 12.08.2024 (Annexure P-12) issued by the CBSE. Sd/- (Arvind Kumar Verma) Judge J/-