1 / 5 2025:CGHC:40725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4177 of 2025 1 - Brilliant Public School Society ( An Educational Society Registered Under The Societies Registration Act, 1973 Having Its Registration No. B.S.2848 ) Mission Hospital Road, Distt- Bilaspur, CG Through Its Chairman Praveen Kumar Agrawal 2 - Brilliant Public School Mission Hospital Road, Bahatarai, Bilaspur, C.G. Through- Its Principal 3 - Brilliant Public School Vyapar Vihar Road, Bilaspur, C.G. Through Principal ... Petitioners versus 1 - State of Chhattisgarh Through- The Secretary Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur ( C.G. ). 2 - Director Public Instruction Directorate of Public Instruction, Mantralaya, Indrawati Bhawan, Block-3 Ist Floor Atal Nagar, Naya Raipur, District- Raipur ( C.G. ). 3 - District Education Officer Bilaspur, Distt- Bilaspur ( C.G. ). ... Respondents For Petitioners : Mr. Ashish Shrivastava, Senior Advocate along with Mr. Ashutosh Shrivastava and Mr. Udit Khatri, Advocates For State : Mr. Satish Gupta, GA ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.18 16:28:34 +0530 2 / 5 (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/08/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. The petitioners have prayed for the 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 Society 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/memo dated 06/05/2025 (Annexure P/1) issued by the Respondent No.3 DEO Bilaspur by declaring the same to be arbitrary, illegal, unreasonable and inoperative in law so far as it relates with imposing condition no. 3 of the letter/memo dated 06/05/2025 for purchasing only CGTBC textbooks and restriction on using the CBSE or any private publication tesxtbooks 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. 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. By way of the instant writ petition, the petitioners are challenging the legality and validity of impugned letter/memo dated 06/05/2025 issued by the District Education Officer, District Bilaspur (CG), whereby the respective District Education Officers of the aforesaid 3 / 5 districts have issued a general instructions/directions to all the Government Aided Schools and Unaided Non- governmental/private Schools to ensure use of only CGTBC publication books for the Class 1 to Class-10 curriculum for the academic session 2025-2026 strictly and the DEO further directed not to use NCERT and private publication books and specifically the private unaided schools which are affiliated to Central Board of Secondary Education (CBSE) to use only CGTBC publication books and not to use any private publication books. 4. Petitioner No. 1, Brilliant Public School Society is an educational society registered under the Societies Registration Act, 1973 having its registration no. B.S. 2848 and running and managing 3 schools in the name of Brilliant Public School Seepat Road Bahatarai, Brilliant Public School Mission Hospital Road Bilaspur and Brilliant Public School Vyapar Vihar Road District Bilaspur. The present petitioner is affiliated to Chhattisgarh State Board Raipur. The Petitioner No. 2 is a school under the Petitioner No. 1 society namely Brilliant Public School situated at Mission Road, Bilaspur District - Bilaspur, Chhattisgarh and Partitioner No,.3 is situated at Vyapar Vihar Road, Bilaspur (Chhattisgarh). 5. Learned counsel for the petitioner would contend that the impugned letter/memo 06/05/2025 (Annexure P/1) issued by the Respondent No. 3 wherein at Sr. No.3 a direction has been given by the DEO, Bilaspur not to use NCERT and Private Publication Books and they 4 / 5 are only directed to use CGTBC books, therefore, the same is in serious violation of Article 14, 16 & 19 of the Constitution of India, mandate of The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act 2009), further contrary to the guidelines issued by CBSE vide its Notification dated 12/08/2024 as well as the autonomy granted by Hon'ble Supreme Court to the private unaided schools in view of judgment rendered in the matter of TMA Pai Foundation and Others vs. State of Karnataka and Others (2002) 8 SCC 481, and Society for Un-aided Private Schools of Rajasthan v. Union of India & Another (2012) 6 SCC 1, Islamic Academy of Education v. State of Karnataka [(2003) 6 SCC 697], P.A. Inamdar & Ors vs State Of Maharashtra & Ors 2005 (6) SCC 537. He would next conntend that the impugned letter/memo Annexure P/1 issued by the Respondent No. 3 DEO Bilaspur putting unreasonable restrictions on the freedom and autonomy of the unaided nongovernmental private schools are further not only bad illegal and arbitrary but also unreasonable, irrational, discriminatory and in serious violation of Article 14, 16 & 19 of the Constitution of India. 6. Per contra, learned State counsel contended that the petitioner School is affiliated from the Chhattisgarh Board of Secondary Education, Raipur (hereinafter referred to as the C.G. Board), therefore, the petitioners are bound to purchase the books which are recognized by the C.G. Board /SCERT Books. 5 / 5 7. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 8. Considering the entire facts and circumstances of the case, particularly the fact that the petitioner Society is affiliated from the CG Board and not from the CBSE, therefore, the petitioner School is bound to purchase the books which are essential for basic subjects i.e. C.G. Board and respondent authorities i.e. Respondents No.1 & 2 are duty bound to provide the SCERT Books for the purpose of studies. Therefore, it is directed that the Respondents No.1 & 2 shall supply/provide the necessary books of SCERT to the Petitioner Schools and if they fail to provide the same, in such circumstances, the petitioner schools shall have the right to purchase the NCERT Books from the open market and use the same as the same has recognition all over the India. 9. With the aforesaid direction/observation the instant writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu