VASUDEV BHUPAL Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this Writ Petition under Article 226 of the Constitution the petitioner prays for a Writ of Mandamus or any other direction as the case may be, requiring the respondents and in particular, the second respondent as the Chairman of the Text Book Committee to review the books of the petitioner and place them for consideration of the Text Book Committee for being prescribed as text books for the concerned classes. The other reliefs prayed for in the petition really do not arise for consideration.

(2.) The petitioner claims to be the author of several books suitable for being prescribed as text books for several standards of Primary and High Schools, recognised by the Director of Public Instruction in Mysore, Bangalore. He states that several of his books had been prescribed as text books for school classes during the past ten years. On 5-11-1964 he submitted some books to the Chairman of the Text Book Committee for being considered by the Committee. According to him, he submitted those books before 5-30 P.M. on the date. But according to the second respondent (Director of Public Instruction), those books were produced before him after 5-30 P.M. Under instructions from the Government, the petitioner's books have been rejected on the sole ground that they were produced after 5-30 P.M. on 5th November 1964. The question for consideration is, whether the rejection in question can be challenged before a court of law; further, whether the petitioner has made out a case for the Writ of mandamus prayed for by him.

(3.) The Government has framed certain rule relating to the constitution and functions of Text Book Committees and prescription of Text Books for Primary, Basic and Secondary Schools in the Mysore State. A copy of those rules is produced into Court and marked as Annexure A in this case. The rules framed by the Government do not show that source of power on the basis of which those rules were framed. We were not told that those rules were framed pursuant to any power given to the State Government under any statute enacted by the State legislature or by the Central legislature. Obviously those rules were framed in exercise of the executive power of the State available to it under Article 162 of the Constitution. Under those rules, a Text Book Committee is constituted for the purpose of examining the suitably of text-books produced before it and selecting the best available books for Primary, Basic and Secondary Schools. One of the duties of the Secretary of the Committee is to receive the applications together with copies of the books produced before him by the authors and the registered publishers. Rule 32 provides that all books to be prescribed as text-books in Primary (including Basic) and Secondary Schools for the following year shall be submitted ordinarily on or before 1st September of year in response to the Notification from the Chairman of the Text Book Committee concerned to be published in the Mysore Gazette before 15th April of every year, and books received thereafter shall not be considered for sanction as text-books for the following year.