Summarize the following court judgment. 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. 403/78. 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 Naraindas(1)	 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 2(d) 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 2(d). 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 3(2) 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 2(d)	 3 and 5. "2.(d) syllabi" means a document containing courses of instructions for each standard of primary education	 middle school education and secondary education; 3.(1) 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). 4.(1) 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 2(d) 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 3(2) 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 2(d). 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 2(d) 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 2(d) 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 2(d) 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. N.V.K. Appeal allowed in part.

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 2(d) 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 2(d) 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 2(d) and that to fulfil	 4 196SCI/79 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 2(d) 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 officialdom.[53D] 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 M.P. & Ors.	 ; ; Black 's Legal Dictionary	 p. 1386	 referred to. 44