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d. Read down Clause 19 of the CBSE Affiliation Bye Laws to clarify that running of uniform, stationery and text book shops etc. in schools does not amount to commercialization."

11. Soon after the present petition was filed, the CBSE/Respondent no.1, with an aim to augment the availability of NCERT books for the students of CBSE affiliated Schools, issued a circular dated 9th August, 2017 addressed to all the Heads of the affiliated Schools, calling upon them to place their online indent for purchase of the NCERT books as per the requirements assessed by the Schools for the Academic year 2018-19 and place their demand for the same through the online site www.ncertbooks.ncert.gov.in.

33. Mr.Bansal has also placed reliance on the decision of the Supreme Court in the case of Rai Sahib Ram Jawaya Kapur & Ors.v. State of Punjab reported as AIR 1955 SC 549 in support of his plea that the Petitioner had no locus to challenge the impugned circular dated 19.04.2017 as a mere prospect of being able to sell books in the schools could not be treated as a right to property. He thus contends that the petition is liable to be rejected outrightly for want of locus.

34. Having heard the learned counsel for the parties, before I deal with the rival contentions raised by the parties, it would be appropriate to refer to Section 19(1) of DSEAR,1973, Rules No.14(B)(1) & 19.1(ii) & (iii) of CBSE Affiliation Bye-laws as also the circulars dated 01.04.2017, 19.04.2017, 24/25.08.2017 and 18.12.2017 issued by CBSE which are reproduced hereinbelow:-

(i) xxxxx

(ii) It shall ensure that the school is run as a community service and not as a business and that commercialization does not take place in the school in any shape whatsoever.

(iii) It shall ensure that the funds accruing from the school are spent for the benefit of the school and for its expansion.

xxxxx No.CBSE/RO/DDN/PA/NCERT/2017 DATED:01.04.2017 To, The Principles/Heads of the Institutions All the CBSE Affiliated Schools Under jurisdiction of CBSE, RO-Dehradun SUB: Use of NCERT textbooks by the Schools affiliated with the Board - Reg.

2. Rule 19.1 (ii) of CBSE Affiliation Bye-Laws mandates that the society/Trust/Company registered under section 25 of the Companies Act, 1956 shall ensure that the school is run as a community service and not as a business and that commercialization does not take place in school in any shape whatsoever.

3. Further, all the schools affiliated to CBSE are required to follow directions given in circular No.Acad/13/2016 dated 12.04.2016 regarding use of NCERT/CBSE textbooks but often the Board receives reports and complaints regarding the pressure exercised by schools on children and their parents to buy textbooks other than NCERT/CBSE.