Civil Appeal Nos
2062 2063 78
Appeals by Special Leave from the Judgment and Order dated 20 9 78 of the Madhya Pradesh High Court in Civil Misc
Petition No 40378
A K Sen K K Adhikari section K Gambhir and Miss B Ramrikhyanai for the Appellant
N C Upadhaya K P Gupta and B B Tawakley for Respondents 1 2
The Judgment of the Court was delivered by KRISHNA IYER J
If King Midas suffered from the course of turning into gold everything he touched Indo Anglian legalism suffers from the pathology of making mystiques of simple words of common usage when they are found in the Corpus Juris
We cannot afford this luxury of legalistics the besetting sin of law in action
This acid comment is provoked by the prolonged debate carried on with logomachic dexterity in this appeal against a meticulous judgment where the semantic complexity and definitional intricacy of innocent words like syllabus  courses of instruction  and publish  and the procedural mechanics for prescribing text books for secondary education set out in a fasciculus of sections have been investigated
Law in a democratic pluralist society spreads over vast spaces where the Constitution of developing countries like ours commands the Slate to adventure into a profusion of welfare measures and commits to the judicial process the interpretation of legislation not to obfuscate but to objectify the meaning of enactments
The Justice System ceases to be functional if courts do not make the technology of statutory construction serve the betterment of society
In Cardozo s lofty diction We may figure the task of the judge if we please as the task of a translator the reading of signs and symbols given from without
None the less we will not set men to such a task unless they have absorbed the spirit and have filled themselves with a love of the language they must read  1 If a broad and viable reading of statutory language were not adopted by Judges filled with the wish to make things work according to social justice courts may be classed with the dinosaurs
1 The Nature of the Judicial Process by Benjamin N Cardozo
P 174 45 The State of Madhya Pradesh alive to its obligation to promote education in widest commonalty with accent on quality and cost among the impressionable generation undertook the task of statutory regulation of teaching material for primary education  middle school education  and secondary education 
Then followed in conformance with the rule of law executive action legislative measures regulatory procedures and infra structures necessary for the incarnation of a State directed but expert oriented scheme of pre university education
A painstakingly accurate and comprehensively detailed statement of the project with an integrated analysis of the statutory provisions and erudite enunciation of the law is found in the judgment of Bhagwati J in Naraindas1 if we may say so with respect that a repeat performance here again may be supererogatory
We read that ruling into this judgment by incorporations as it were and content ourselves with a skeletal projection of the legislation with special reference to the key sections viz sections 3 4 and 5 of the Madhya Pradesh Act No 13 of 1973
Its title is Prathamik Middle School Tatha Madhyamik Shiksha Pathya Pustakon Sambandhi Vyavastha Adhiniyam hereinafter referred to for short as the 1973 Act
The respondent before us who was the petitioner before the High Court is a private publisher
It may be cynical to say that textbooks are commodity for consumers of school education and there is big money in the trade especially when the private sector in the book E business has been enjoying a ready market provided by the proliferation of schools and the obligatory purchase of text books once Government prescribes them
So behind the veil of educational excellence formulation of syllabi and competent text books is the vast profit pouring into private publishers
In our system unalloyed public interest litigation through organisations crusading in the field is yet a consummation devoutly to be wished  and private vested interests are the vociferous ventriloquists of public causes
Democratic participation in the justice process gains reality only when popular organs blossom from the desert and enter the litigative oasis with fighting faiths
Here the respondent successfully challenged before the High Court the validity of the prescription of the State s text book for Rapid Reading  an item in the syllabus for secondary schools
Once Government books were chased out the respondent filled the vacuum since prior to the entry of the State his book on the subject had admittedly been legally in vogue
The State has by special leave come up in appeal and secured a stay of operation of the judgment of the High 1 Naraindas Indurkhva vs State of Madhya Pradesh  Ors  46 Court and its books are back in circulation in the schools
brief calendar of events shows that since the opening of schools this academic year Government text books have been in use uptil now barring for about a month between the judgment of the High Court and the stay ordered by this Court
This bears upon moulding the relief since the benign power under article 226 is a special instrument of justice which with flexible pragmatism and genius for equity inhibits social trauma even while upholding individual rights
The writ jurisdiction is geared to community good
There is a trichotomy of school education in Madhya Pradesh as in many other States Primary Middle and Secondary
We are concerned in this case with the text book controversy for secondary schools
The Board of Secondary Education Appellant No 2 was constituted under Act No 23 of 1965 which also conferred power on it to prescribe courses of instruction in such branches of secondary education as it deemed fit
Indeed the Board was a functional entity with expert capability and entrusted with secondary education in its many facets
Even the power to make regulations was given to the Board and it did make such regulations providing for appointment of Committees on Courses which in turn could lay down syllabi in the various subjects and recommend suitable text books when required
The courses approved by the Committee went to the Board and when sanctioned by the Board found their way in the printed prospectus which served as the guide book for study and examination for the students
All that we need emphasise here is that the provisions of the 1965 Act and the regulations framed by the Board took good care of the Rule of Law as against behavioral caprice of administrative organs in this branch of education
In 1973 the legislature enacted Act 13 of 1973 referred to earlier in this Judgment
The provisions of this Act form the basis of the powers claimed by the appellants and the nidus of rights of the respondent alleged to have been violated
The scheme of the statute runs as follows Section 2 contains definitions and we are concerned particularly with section 2d which tells us what the legislature means by the expression syllabi 
The Section also defines text book  although there is not much quarrel about its connotation in the case before us
One of the basic disputes between the parties turns on the conceptual clarity of syllabi  as defined in 2d
Section 3 clothes the State Government and the Board with powers vis a vis laying down of syllabi
To narrow the scope of the dispute we may straightway state that section 32 empowers the Board 47 to lay down syllabi  in the case of secondary education
We may have to take a close up of this provision a little later
But suffice it to say for the present that the syllabus for Rapid Reading  wh ch is the bone of contention before us is within the province of the Board to lay down
We may vivify the discussion by quoting the provisions of direct concern in this case and they are sections 2d 3 and 5 2d syllabi means a document containing courses of instructions for each standard of primary education middle school education and secondary education 31 Subject to the provisions of sub section 2 the State Government may from time to time in relation to primary education and middle school education and the Board may from time to time in relation to secondary education lay down syllabi and publish the same in such manner as may be prescribed
2 The syllabi laid down under the authority of the State Government in the case of primary education and middle school education and by the Board in the case of the secondary education and in force immediately before the appointed day shall be the syllabi laid down and published for the purpose of sub section 1
41 The State Government may by order prescribe the text books according to syllabi laid down under section 3 Provided that text books for secondary education shall not be prescribed without prior con sultation with the Board
2 The text books prescribed by the State Government or the Board according to the syllabi referred to in sub section 2 of section 3 and in force immediately before the appointed day shall till they are changed in accordance with the provisions of this Act be the text books prescribed for the purpose of sub section 1
48 3 As from the appointed day no books other than the text books prescribed under sub section 1 or referred to in sub section 2 shall be used in any approved school or recognised school for imparting instructions in accordance with syllabi in primary education middle school education or secondary education
The State Government may if it considers it necessary so to do undertake the preparation printing or distribution of text books itself or cause the text books to be prepared printed or distributed through such agency as it may deem fit on such terms and conditions as may be prescribed
 Section 2d conceputalises syllabi  section 3 statutorises the modus operandi for fixing the syllabus 
Once the syllabus is fixed the follow up is the prescription of text books in accordance with the syllabus
Section 4 makes the State Government the competent authority to prescribe text books in accordance with the syllabus laid down under section 3
Of course even the provisions of text books for secondary education must be made by Government only after prior consultation with the Board
This is obviously intended to ensure the quality of the text books which sometimes suffers at the hands of unenlightened departmental officers or unheeding political bosses too hubristic to listen to experts in the field
It is vital to notice that until valid prescription of text books under section 4 1 the books prescribed and in vogue immediately before the change shall continue that is to say the legislature has taken care to avoid a gap when there would be no text books for the students to study and take their examinations
The scheme of section 4 is for the State Government to prescribe text books
This may be done in one of the two ways
Government may select from the private sector when text books are offered by publishers if they satisfy quality control price social perspective and other relevant aspects
Indeed many publishers compete in the text book market because it assures purchasers and profit
However for a variety of good reasons the State Government may consider it necessary to depart from the practice of picking and choosing from the private sector
May be books are of sub standard quality may be the paper on which they are printed or the manner and design may be unsatisfactory may be the cost is such that the poor children may be 49 priced out
It may also be that Government thinks that more excellence and better educational direction may be imparted to the impressionable generation of students at the secondary school level by the public sector getting such text books compiled in conformity with the syllabi laid down by the concerned authority
Section 5 therefore makes it perfectly legitimate for the State Government to n undertake the preparation printing and distribution of text books itself or cause them to be so done through such agency as it may deem fit and on such terms and conditions as may be prescribed
In short the relevant provision creates a facultative public sector for text book production and distribution
What is significant to note is that the departure from the private sector and the nationalisation of text book manufacture may be undertaken only if the State Government considers it necessary so to do
Once it comes to that judgment the competence to deprive the private sector and entrust to the public sector is beyond challenge
In the present case one of the subjects of secondary education is Rapid Reading
The syllabus has to be laid down in this behalf
Text books need to be prescribed in conformity with the syllabi and then a decision has to be taken by the Government either to choose extant text books from the private publishers or take over the operation itself if it considers it necessary so to do
The first appellant in the present case chose to exercise its power under section 5 and produced the necessary text book for Rapid Reading and distributed it among the students in many schools Until then the respondent s books were in use for Rapid Reading
Naturally when his customers vanished and his profit was extinguished he came up to the Court contending that the statutory exercise had not been carried out before preparing E  and distributing the text books under section 5 and that for that reason the Government text books had to be withdrawn as invalid and his books instead resuscitated for circulation
The specific grounds of invalidation relied on by the Writ Petitioner are many and the long Judgment of the High Court has lavished discussion on these aspects
Counsel have sought to repeat the rival contentions before us
But we do not think that it is necessary to embark upon the labyrinthine details or prolix analyses which have engaged the learned Judges of the High Court
Nor do we think that extensive or intensive consideration of the decision in Naraindas s case supra is called for since its ratio is clear and does not come in for serious application in the present dispute
In this view we proceed to specificate the precise issues pertaining to the decision as to whether 50 the production and distribution of text books by the State Government on its own is liable to be voided on the score of any fatal statutory infirmity
The laying down of the syllabus is a condition precedent to the prescription of text books because the courses of instruction follow upon and should be in conformity with the syllabus and text books are in implementation of the courses of instruction
The first question that falls for consideration therefore is as to whether there has been a legally sustainable laying down of the syllabus for Rapid Reading
If there has been the second crucial issue of importance is as to whether the State Government has given consideration to the availability of text books in terms of the syllabi  with the publishers
If such publishers have offered their text books Government may consider them from many angles and reach a conclusion that it is necessary for the Government itself to undertake the preparation printing and distribution of text books in this regard or entrust these operations to a choosen agency
The question is whether such a consideration had been bestowed by the Government as required by section 5 before it produced and distributed the text books compiled by itself among the students of the secondary schools
Assuming there is any breach the next question is whether such non compliance spells invalidation of the text books altogether
Finally assuming all the points against the State Government should the Court make a realistic appraisal of the situation as it exists currently and mould the relief appropriately so that the student community which has to take the examinations in a couple of months or so may not be obliged to switch text books belatedly in taking their examinations
The ultimate concern of the judicial process is not to guarantee the profit of the private producers or to condone every executive sin but within statutory parameters to promote the educational welfare of the student community
The core of the controversy turns on whether there is statutorily solemnised syllabus at all under section 32 of the 1973 Act and whether the State has the facultative power to compile and distribute its own text books under section 5 even if there are private publishers in the field with ready made text books This duplex challenge once disposed of the other disputes do not merit much discussion
Naraindas supra heavily relied on by the respondent is impeccable law but inapplicable here
True many points arise according to counsel
But abbreviation without amputation does justice to the lis and avoids forensic prolixity and so we turn the focus on these two points and in the light of 51 Our answers structure the relief to promote the interests of the invisible and inarticulate student sector for whose sake the law was made
The real party in many litigative battles under article 226 is the community whose processual participation is alien to the adversary system inherited from an individualistic legal culture
The judges are the guardians of that silent sector until our system of procedure is re structured
This observation assumes prominence as we shape the remedy finally
Section 3 as well as section 5 must now come under the legal microscope
Before that we must bestow attention on a preliminary plea which respondent s counsel encouraged by his success at the High Court level has urged before us
He argues that the mere mention of topics in bare outline such as has been done here by the Board of Secondary Education does not constitute syllabi  as defined in section 2d
To fulfil the statutory requisites a syllabus for a subject must concretise and constellate courses of instruction short of which it is no syllabus in the eye of law
If this be valid no syllabus no text book and no text book the status quo ante and the book of the respondent being admittedly extant immediately before it gains legal re incarnation and all the students shall have to do rapid reading  of his book for which they must first buy them
The Board is the legislative instrument for laying down the syllabi and must be presumed to possess academic expertise sufficient to understand what is a syllabus
Words of technical import whose signification is familiar for specialists in the field should not be petrified by courts based on verbalism A little learning is a dangerous thing  and courts should not rush in  tempted by definitional attraction where experts fear to tread 
Section 2d tells us that a syllabus is a document containing courses of instruction
A broad outline a brief indication a demarcation of the topic may well meet with lexical approval
Moreover section 2d speaks of a course of instruction 
This can be a bare outline a bald mention of the matter and does not compel particularisation of details even if it be desirable
That part is taken care of by the next step of prescription of text books
A syllabus may helpfully give general features but may not cease to be so solely because only an outline is silhouetted
For instance music  without more is not syllabus because it may range wildly from weird noises which make music among African tribes but to an Indian ear may offensively amount to sound and fury signifying nothing  to a concord of sweet sounds or continuous flow of micro notes which thrills the West and the East
But if sitar  or violin  is mentioned it illumines although it still leaves much for imagination to fill in a hundred details for instruction to be actually imparted in the class
52 Courses of Instruction  in section 2d simply means the rubric for teaching not more although treacherous vagueness which disables textbook producers from responding to the Government by offering their books may be bad
It must be a syllabus of courses and so the courses must be spelt out with relevancy even though with brevity
To exemplify again Justice  is not enough Indian Justice System may fill the bill
Brief may be but not blank
While courts will not surrender their decisional power to the vagarious experts non interference by courts in fields of specialists save in gross cases is a wise rule of guidance
From this angle we are not satisfied that for so elusive a subject as Rapid Reading  particularise or perish  should be the test
The absence of syllabus cannot defeat the case of the State
We stress however that functionally speaking the syllabus must tell the publishers and pundits in the concerned field sufficient to enable them to help Government under section 4 to choose text books
If this minimum is not complied with the court will use the lancet and issue an appropriate writ
Language permitting the appropriate interpretational canon must be purpose oriented
Therefore the expression syllabi must be so interpreted as to fulfil the purpose of sections 3 and 4 which means there must be sufficient information for those concerned to know generally what courses of instruction are broadly covered under the heading mentioned so that they may offer text books for such courses
If there is total failure here the elements of syllabi may well be held to be non existent even though experts might claim otherwise
The law is what the Judges interpret the statute to be not what the experts in their monopoly of wisdom assert it to be
Now we move on to section 3 to verify what flaws vitiate the laying down of syllabi
In this case if we predicate the existence of syllabus the next ingredient it its publication in such a manner as may be prescribed
 Publication of the syllabus is thus essential under section 3 and when confronted by this requirement Shri A K Sen counsel for the State sought to construe that expression to mean communication by the Board to the Government or other concerned authorities
To publish according to him is to make known to those concerned
On the contrary Shri Upadhyaya counsel for the respondent argued that to publish was more than to communicate to the Government Departments and really meant making known to the community or the concerned section of the community
Contextually speaking we are satisfied that publication  means more than mere communication to concerned officials or Departments
To publish a news item is to 53 make known to people in general an advising of the public or making known of something to the public for a purpose Black s Legal Dictionary p 1386
In our view the purpose of section 3 animates the meaning of the expression publish 
Publication  is the act of publishing anything offering it to public notice or rendering it accessible to public scrutiny an advising of the public a making known of something to them for a purpose Logomachic exercises need not detain us because the obvious legislative object is to ensure that when the Board lays down the syllabi  it must publish the same  so that when the stage of prescribing text books according to such syllabi arrives both the publishers and the State Government and even the educationists among the public may have some precise conception about the relevant syllabi to enable Government to decide upon suitable text books from the private market or compiled under section 5 by the State Government itself
In our view therefore publication to the educational world is the connotation of the expression
Even the student and the teaching community may have to know what the relevant syllabus for a subject is which means wider publicity than minimal communication to the departmental officialdom
If this view be sound the State Government has failed to comply with the requisite of publication of the syllabus before prescribing the text books
On that ground atone the order of the Government prescribing text books must fail because the condition preceding such prescription namely publishing of the syllabi has not been complied with
We confine our observations only to the item relating to Rapid Reading   so that there is no need for reopening other subjects and syllabi and to create chaos or uncertainty
What should be the follow up action that the Court should adopt in issuing the necessary direction on this finding that for want of publication of the syllabus the prescription of text books even under section 5 must fail  Necessarily publication is important and we should insist that the State Government should not dismiss it as a ritual of little moment
As we have earlier indicated but may repeat for emphasis that there is an object in publishing the syllabi and this public purpose will be stultified to the prejudice of the school going community if the syllabi ar not made known to the public generally
Only when they come to know about the syllabi prescribed representatives in the educational field or in the public sector may be able to tell the State Government what type of text books are available what kinds of books will make for excellence in teaching and what manner of material will promote 54 the interests of the students in the subjects of study
If there are existing text books Government may give consideration for them or may invite opinion of experts on their worth
Government may pay attention to the cost of the books so made available their readability their design and arrangement the impression that they may produce on the 8 plastic minds and a host of other factors
All these possibilities may be frustrated if the syllabi are not published
What has been done in the present case by the State Government is to exercise its power under section 5 to prepare print and distribute text books of its own compilation
Certainly this is well within the power of Government under section 5
To dispel misapprehension we emphasise that no private publisher has a right under section 4 that his text book shall be prescribed or necessarily considered by Government
No such right as is claimed by the respondent publisher has therefore been violated by the State Government
We upset Government s text books not because the respondent publisher has a right to have his books necessarily considered by the Government but because the syllabi have not been published prior to the prescription of text books
We must erase another possible confusion
Government has plenary power under section 5 to produce its own text books in tune with the syllabi prescribed under section 3
No private published can quarrel 13 with it on the ground that his profit is affected or that the State sector acquires monopoly in text book production
The legislature in its wisdom has empowered the State to do so and there is no vice of unconstitutionality whatever
But there is a caveat built into section 5 by the legislature
Before the State Government undertakes the preparation printing or distribution of text books or causes them to be so done by any other agency it must bestow appropriate attention on the wisdom of the policy in the given circumstances
Section 5 authorises Government to enter the text book field as a monopolist if it considers it necessary so to do
 These are weighty words and cannot be slurred over
Nationalisation of the activity of preparation printing or distribution of text books is a serious step and resort to that measure calls for a policy judgment
Government must consider it necessary so to do and this consideration must imply advertence to relevant factors
Myriad matters material to a right decision may be thought of since books are more than collection of information but mental companionship for good or evil
School children require uplifting books not such as pollute their minds or inject prurience
Their creativity must be kindled and not stifled
The presentation of subjects must be appetising not inhibiting
The cost must be within the means of the 55 poor Indian parent
Availability of sufficient number of books within easy reach so as to avoid a scarcity situation may be yet another criterion
Indeed it is beyond exhaustive enumeration to catalogue the considerations
We do not think that the Court should sit in judgment over Government decisions in these matters save in exceptional cases
The law is complied with if Government has before under taking action under section 5 bestowed consideration on matters of relevance which may vary from time to time and from subject to subject
We need hardly say that Government may like to avoid expenditure from the public exchequer if books inexpensive and qualitatively acceptable are easily available
The decision is that of the Government and it has a wide discretion
Publishers have no right to complain and if the mind of the Government has been relevantly applied to the subject courts must keep their hands off
The construction we have put upon section 5 gives Government power which is also a responsible power
Indeed all public power is a public trust and in that spirit sections 4 and 5 must be executed
On this basis the direction that we give is that the State Government will publish under section 3 the syllabus for Rapid Reading  as a first step
Thereupon representations from any relevant quarters if received will be considered under section 4 so as to reach a decision on the prescription of the text books according to the syllabus
This decision may be either to choose some text books available in the field or to compile text books on its own
If the decision is the latter Government is perfectly free to undertake preparation printing and distribution
It may be right to caution the State while choosing text books from the private sector or preparing such books on their own to remember the vital constitutional values of our nation
Social justice is the corner stone of our Constitution
Freedom of expression is basic to our democratic progress
The right to know awareness of the implications of a sovereign secular socialist republic and its membership and the broad national goals incorporated in the Constitution are fundamental
When education is a State obligation when prescription of syllabi and text books falls within the governmental function when the constellation of values mandated by the Constitution is basic to our citizenship the play of sections 3 4 and 5 must respond to this script
Instruction at the secondary school level must be promotional of these paramount principles
Ultimately it is Youth Power that makes for a Human Tomorrow
The felt necessities of our cultural integration and constitutional creed are fostered essentially at the school level
Books are not merely the best companions but make or mar the rising generation
56 We have reached the final
What remains is to crystallise the conclusions and to formulate the directions
The syllabus for rapid reading  is not bad as falling short of definitional needs although it is desirable for the Board to be more expressive when laying it down
Wilful vagueness in syllabi will invite an adverse verdict Rapid Reading  as a rubric in itself somewhat slippery as a substantive topic and so the syllabus for it also may share that trait
The new plea urged specifically for the first time at the argument stage in this Court and controverted by the State that no syllabus has been laid down as a fact for Rapid Reading  is too late to be permitted
The syllabus for Rapid Reading  suffers invalidation under section 3 because it has not been published
The publication must precede the prescription af text books under section 4 or their preparation under section 5
Here the case of the State show that the syllabus was published only on June 30 1978 while the text books were prescribed in October 1977
So sections 3 and 4 have been breached and a fresh decision by Government prescribing text books for Rapid Reading  must be taken
We are not disposed even as in the case of the plea of no syllabus for Rapid Reading  to consider the nascent discovery of Sri Upadhyaya counsel for the respondent that the two text books prescribed for Rapid Reading  were not even in printed existence when they were prescribed
Judicial proceedings especially at the earlier stages should not ordinarily be allowed to become the scene of newly discovered points of contention
There is no substitute for proper briefs and good home work
Never can controverted facts he raised de novo here
We disallow the contention of non existence of text books in print or otherwise when they were prescribed
Reverting to the project of providing for the future course of action and to obviate the untowardness of a void in the syllabus and text books we hold that the State Government shall take a fresh decision under sections 4 and 5 read together
If publishers of text books or pro bono publico representationists communicate relevant matters bearing on the selection of text books and the wisdom of the State itself under taking the task Government will give thought to them
There is no need to wait idefinitely for such representations
If within one month from they are received their merits will be examined departmentally
If thereafter Government considers it proper to take over the text book business under section 5 it is free to do so
We make it clear that the private sector has no right and Government s jurisdiction is wide although the State need not be allergic to private publishers if books of excellence inexpensive and well designed are readily available
57 These directions take care of the future
But what about the current academic year  To change horses mid stream may be disastrous
Throughout the better part of the year except for around a month Government text books have been in use
The examinations are impending
To harass the young alumni by putting them through fresh books of the respondent though in circulation last year is an avoidable infliction
Therefore for the nonce Government books for Rapid Reading  will continue in this year s classes
We direct so
Before the next academic year begins Government will decide under sections 4 and 5 on preparing text books itself or selecting from the private sector
This will be done on or before March 31 1979
If the decision taken is either way the books shall be well stocked by the end of May
We allow the appeal in part and dismiss in part and as a corollary ing dates and months but governmental processes are often paper logged  The fear that the State Government may not be sufficiently conscious of the due priority to be given to the tasks now set before it has persuaded us to issue these time bound directions
We allow the appeal in part and dismiss in part and as a corollary order the parties to bear their costs throughout
NVK Appeal allowed in part


Summary:
The M P Prathmik Middle School Tatha Madhyamik Shiksha Pathya Pusthakon Sambandhi Vyavastha Adhiniyam 1973 empowered the State Government to prescribe text books according to syllabus laid down and to undertake the preparation printing and distribution of text books
Section 2d of the Act defines syllabi as a document containing courses of instructions for each standard of primary middle school and secondary education
Section 3 empowers the State Government in the case of primary and middle school education and the Board in the dace of secondary education to lay down the syllabi and publish the same
Section 4 lakes the State Government the competent authority to prescribe the text books in accordance with the syllabus laid down under section 3
Section 5 empowers the State Government to undertake the preparation printing and distribution of text books itself or cause them to be done through such agency as it deems fit and on such terms and conditions as may be prescribed
The appellant State Government exercised its power under section 5 of the Act and produced the necessary text book for Rapid Reading an item in the syllabus for secondary schools and distributed it among the students in many schools
Until then the books of the respondent 2 private publisher were in use
The respondent challenged the action of the State Government in the High Court on the ground that the State Government had not given consideration to the availability of text books in terms of the syllabi with private publishers as required by section 5 of the Act before it produced and distributed the text books compiled by itself among the students of the secondary schools
The High Court upheld the challenge and held that the statutory exercise envisaged under the Act had not been carried out before preparing and distributing the Government text books
In the State Government s appeal to this Court it was contended that I as section 2d envisages syllabus as a document containing courses of instruction a broad outline a demarcation if the topic would be sufficient compliance and that there need not be particularisation of details and 2 publication  of the syllabus essential under section 3 means communication by the Board to the Government or the concerned authorities
On behalf of the respondent it was submitted that the mere mention of topics in bare outline as in the instant case did not constitute syllabi  as defined in section 2d and that to fulfil 4 196SCI79 42 the statutory requisites a syllabus for a subject must concretise and constellate courses of instruction short of which it is no syllabus in the eye of law
Allowing the appeal in part  HELD 1
The syllabus for Rapid Reading  suffers invalidation under section 3 because it has not been published
The publication must precede the Prescription of text books under section 4 or their preparation under section 5
56C In the instant case the syllabus was published only on June 30 1978 while the text books were prescribed in October 1977
So sections 3 and 4 have been breached and a fresh decision by Government prescribing text books for Rapid Reading  must be taken
56D 2
The State Government shall take a fresh decision under sections 4 and 5 read Together
If publishers of text books or pro bono publico representationists communicate relevant matters bearing on the selection of text books their merits will be examined departmentally
If thereafter Government considers it proper to take over the text books business under section 5 it is free to do so
The private sector has no right  and Government s jurisdiction is wide although the State need not be allergic to private publishers if books of excellence inexpensive and well designed are readily available
56G H 3
The laying down of the syllabus is a condition precedent to the prescription of text books because the courses of instruction follow upon and should be in conformity with the syllabus and text books are in implementation of the courses of instruction
50B 4
To fulfil the statutory requisites a syllabus for a subject must concretise and constellate courses of instruction short of which it is no syllabus in the eye of law
51D 5
No private publisher has a right under section 4 that his text book shall be prescribed or necessarily considered by Government
No such right as is claimed by the respondent publisher has therefore been violated by the State Government
54C 6
The syllabus for Rapid Reading  is not bad as falling short of definitional needs although it is desirable for the Board to be more expressive i when laying it down
Wilful vagueness in syllabi will invite an adverse verdict
56A 7
A syllabus may helpfully give general features but may not cease to be so solely because only an outline is silhouetted Courses of Instruction  in section 2d simply means the rubric for teaching not more
It must be a syllabus of courses and so the courses must be spelt with relevancy even though with brevity
51G 52A 8
Functionally the syllabus must tell the publisher and pundits in the concerned field sufficient to enable them to help Government under section 4 to choose text books
If this minimum is not complied with the court will use the lancet and issue an appropriate writ
52C D 9
The expression syllabi must be so interpreted as to fulfil the purpose of sections 3 and 4 which means there must be sufficient information for those concerned to know generally what courses of instruction are broadly covered 43 under the heading mentioned so that they may offer text books for such A courses
If there is total failure here the elements of syllabi may well be held to be non existent even though experts might claim otherwise
The law is what the Judges interpret the statute to be not what the experts in their monopoly of wisdom assert it to be
52E F 10 Publication  means more than mere communication to concerned officials or departments
The purpose of section 3 animates the meaning of the expression publish  Publication is the act of publishing anything offering it to public notice or rendering it accessible to public scrutiny an advising of the public a making known of something to them for a purpose 52H 53A B 11
The legislative objective is to ensure that when the Board lays down the syllabi  it must publish the same  so that when the stage of prescribing text books according to such syllabi arrives both the publishers and the Stab Government and even the educationists among the public may have some precise conception about the relevant syllabi to enable Government to decide upon suitable text books from the private market or compiled under section S by the State Government
53C 12
Publication to the educational world is the connotation of the expression
Even the student and the teaching community may have to know what the relevant syllabus for a subject is which means wider publicity than minimal communication to the departmental officialdom53D Only when they come to know about the syllabi prescribed representatives in the educational field or in the public sector may be able to tell the State Government what type of text books are available what kind of books will make for excellence in teaching and what manner of material will promote the interests of the students in the subjects of study 53H 54A 13
Government has plenary power under section 5 to produce its own text books in tune with the syllabi prescribed under section 3
No private publisher can quarrel with it on the ground that his profit is affected or that the State sector acquires a monopoly in text book production
The legislature has empowered the State to do so and there is no vice of unconstitutionality whatever
The caveat built into section S by the legislature is that it authorises Government to enter the text book field as a monopolist if it considers so to do 54E F 14
Nationalisation of the activity of preparation printing or distribution of text books is a serious step and resort to that measure calls for a policy judgment
54G 15
The Court should not sit in judgment over Government decisions in these matters save in exceptional cases
The law is complied with if Government has before undertaking action under section 5 bestowed consideration on matters of relevance which may vary from time to time and from subject to subject
Government may like to avoid expenditure from the public exchequer if books inexpensive and qualitatively acceptable are easily available
The decision is that of the Government and it has a wide discretion
Publishers have no right to complain and if the mind of the Government has been relevantly applied to the subject courts must keep their hands off
55B C Naraindas Indutkhya vs State of MP  Ors   Black s Legal Dictionary p 1386 referred to 44