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Schools can sell books/uniforms in premises, but with conditions: HC

Schools can sell books/uniforms in premises, but with conditions: HC

Feb 22, 2018
11:50 am

What's the story

Quashing a circular by the CBSE, the Delhi HC has allowed schools affiliated to the board to sell books, both of NCERT and other publishers, as well as uniforms and stationary at shops in the premises. If the sale of food in canteens isn't "commercialization," then this isn't either, it observed. However, they can't force parents to buy from specific vendors only.

Circular

Schools allegedly forcing parents to buy from specific outlets

Last year, a petition had been filed in the HC, seeking directions to the CBSE to ensure schools don't sell items at shops inside their premises. Schools often force parents to buy items specifically from such shops or from selected vendors, where costs are generally higher than market prices, the plea alleged. In April'17, the CBSE issued a circular, banning such "commercial" activities in schools.

Amendment

CBSE later allows 'tuck shops,' issues list of stipulations

In an amendment in August, the CBSE allowed schools to open 'tuck shops' in the premises to sell NCERT textbooks, stationary and other items needed for students. It issued further clarification later: they can sell only NCERT textbooks, prices of products can't be more than MRP, and schools can't force parents to buy from the 'tuck shop' or their chosen vendors only.

HC

CBSE's argument about misuse of laws arbitrary, irrational: Court

The HC has quashed CBSE's initial circular prohibiting such sale in schools, ruling it's not "commercialization." CBSE's argument that schools could force parents to buy from specific outlets is "wholly arbitrary and quite irrational," it said. It chided the board for not considering "various relevant factors" including students' interest. It also lifted the ban on sale of non-NCERT books, calling it "discriminatory."

Information

HC was hearing two petitions by school vendors and parents

The verdict comes while the HC was hearing two petitions - one from the Association of School Vendors challenging CBSE's restrictions on sales in schools, and another by the Parents-Students Welfare Association against the CBSE's amendment allowing 'tuck shops' in schools.