GOPAL PRASAD AGRAWAL Vs. MADHYAMIK SHIKSHA PARISHAD

JUDGEMENT

(1.) THE prayer of the petitioners is to quash the notification dated 6-3-1998 and the advertisement dated 10-3-1998 as contained in Annexure Nos. 2 and 3 respectively. THE notification (Annexure-2) provides for an in board procedure for the purposes of publication of text books of Madhyamik Shiksha Parishad including authority to call for a tender on State level. Annexure-3 is the advertisement published in this regard.

(2.) SRI Satyendra Singh, holding brief of SRIJanardan Sahai,learned counsel appearing on behalf of the petitioners, contended that the reliefs prayed for be granted, more so when the respondents have not filed any counter-affidavit as the impugned documents are bad for two reasons:- (i) The conditions imposed are wholly arbitrary and violative of Articles 14 and 19 (1) (g) of the Constitution of India. It is not possible for any individual publisher or printer to give turn over of more than Rs. 50 lacks only by giving business to the printers. Due to imposition of stringent conditions in the notification many printers and publishers, who have been going printing and publishing work, had to drop out. (ii) It gives smell of monopolisation of the trade of publishing nationalised text books.

(3.) WE are of the view that the terms and conditions imposed are reasonable and not violative of Articles 14 and 19 (1) (g) of the Constitution. WE do not find any arbitrariness or unreasonableness in imposition of the terms and conditions. Obviously they have been imposed for protecting the best interest in the speedy, efficient and effective printing of the text books and not to allot those who do not pay income- tax. It cannot be said that by imposing the terms and conditions the petitioners' fundamental right of trade or business mentioned under Article 19 (1) (g) have been violated.