NARAINDAS INDURKHYA versus THE STATE OF MADHYA PRADESH & ORS.

NARAINDAS INDURKHYA versus THE STATE OF MADHYA PRADESH & ORS.

The power to prescribe text-books for schools lies with the State Government, not the Board, under Section 4(1) of the 1973 Act. Only text-books prescribed by the State Government following proper procedure and consultation with the Board are valid. The Board's lack of statutory power means its recommendations or actions to prescribe textbooks are not binding. The statute confers a guided, not unfettered, discretionary power on the State Government, and the provision does not violate Articles 14 or 19(1)(g).

Parties
Petitioner: Naraindas Indurkhya; Respondents: State of Madhya Pradesh & Ors.; Respondents: Respondents 4-6
Jurisdiction
India
Judgment Date
18 March 1974
Procedural Posture
Writ Petition (article 32) / Final Judgment
Outcome
petition allowed in part; rule absolute to a limited extent; other reliefs rejected
Legal Topics
Executive Power, Statutory Interpretation, Prescription of Textbooks, Fundamental Rights, Discretionary Power, Consultation Requirements
Constitutional Law Administrative Law Education Law Executive Power Statutory Interpretation Prescription of Textbooks Fundamental Rights Discretionary Power +1 more

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Parties

Naraindas Indurkhya

Petitioner

State of Madhya Pradesh & Ors.

Respondents

Respondents 4-6

Respondents

Procedural Posture

Writ Petition (article 32) / Final Judgment

Legal Issues

  1. 1 Whether the State Government had statutory authority to prescribe text-books before the 1973 Act
  2. 2 Whether the Board could prescribe text-books on languages
  3. 3 Whether the notifications by the Board and State Government were valid prescriptions under the Act

Ratio Decidendi

The power to prescribe text-books for schools lies with the State Government, not the Board, under Section 4(1) of the 1973 Act. Only text-books prescribed by the State Government following proper procedure and consultation with the Board are valid. The Board's lack of statutory power means its recommendations or actions to prescribe textbooks are not binding. The statute confers a guided, not unfettered, discretionary power on the State Government, and the provision does not violate Articles 14 or 19(1)(g).

Court Disposition

petition allowed in part; rule absolute to a limited extent; other reliefs rejected

Orders

  • Declaration that textbooks on languages prescribed by the Board and those referred to in certain Board notifications are not prescribed textbooks under Section 4(1) or (2)
  • Writ quashing and setting aside the State Government notification dated 24th May 1973