TMI Blog1979 (2) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, The State of Madhya Pradesh, alive to its obligation to promote education in w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chools. 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 ([1974] 3 S.C.R. 624.) Naraindas Indurkhva v. State of Madhya Pradesh Ors 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 Art. 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 con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddle 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 presc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y; may be the cost is such that the poor children may be 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 sylla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ishers. 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 s. 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 educat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified 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, s. 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 st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ities. 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 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 s. 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 ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 s. 5 to prepare, print and distribute text books of its own compilation. Certainly, this is well within the power of Government under s. 5. To dispel misapprehension we emphasise that no private publisher has a right under s. 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 s. 5 to produce its own text-books in tune with the syllabi prescribed under s. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive is that the State Government will publish, under s. 3, the syllabus for 'Rapid Reading' as a first step. Thereupon, representations from any relevant quarters, if received, will be considered under s. 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 Con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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 ss. 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 s. 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. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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