As per the Hon’ble High Court Orders selling of books and stationery in schools on no-profit-no-loss basis is legal. – TRSMA (Telangana Recognized School Managements Association)
Sadula Madhusudan, President, N. Ramesh Rao, Gen. Secretary, P. Raghavendra Reddy, Treasurer
We noticed that there is a propaganda in social media & even in some print & electronic media that the Department of Education has issued orders “not to sell books & stationery in schools, if any one sells, the officials will seize the books & premises” Due to this propaganda, some voluntary organisations are troubling the private schools not to sell the books and they are building pressure on the officials of education department to seize the books and seal the school premises those who are selling books in private schools. Parents are requesting the schools to provide books and stationery in school premises itself.
We bring the following High Court orders to your kind notice.
A writ petition was filed in Hon’ble High Court of AP. WP No. 18783 of 2010 and challenging the contents of GOMS No. 91 issued by the Dept. of Edn. dated 06.08.2009, Hon’ble court issued orders on 27th August, 2010, pertaining to the sale of books at school counters. The order reads as : (Page No. 109 para No. 3): “The provisions of Para 1(c)(i) are not invalid if construed as enjoining merely that the sale of books/note books/stationery at the school counter, if any, should be on a non-commercial, no-profit-no-loss basis, in light of the observations in this judgment on this aspect.”
Further, in the TRSMA filed a writ petition WP No. 13339/2016 in the Hon’ble High Court of AP requesting to stay on the C&DSE proceedings Rc. No. 419/D/C&D/TSCERT/2010 dated 13.05.2015 not to sell books & stationery in private schools.The Hon’ble high court granted a stay order on the above proceedings of C&DSE on 22.04.2016 which reads as follows: “There shall accordingly be an interim direction to the respondent authorities, not to seal any school premises or seize any textbooks in connection with the impugned proceedings dated 13 May 2015.”
In view of the above court orders selling books and stationery in schools on no-profit-no-loss basis is legal.
We further bring to your notice that on 27th May, 2024, DEO Hyderabad gave a proceedings “ not to sell books, stationery, uniforms, shoes belt, tie etc in private schools, if any one does so action will be taken. In response to the above proceedings TRSMA gave a detailed reply representation to DEO, Hyderabad explaining the contents of above judgements WPNo. 18783/2010 and WPNo. 13339/2016. In response the DEO Hyderabad gave a revised proceedings on 30th May, 2024 as per the Hon’ble High Court Orders “Books & Stationery can be sold in private schools on no-profit-no-loss basis” however sale of uniforms, bags, shoes, tie belt etc are not permitted.
Therefore selling books & stationery in private schools on no-profit-no-loss basis is legal.
If any officials or un officials dishonour the Hon’ble High court order and trouble the private schools illegally, we will file contempt of court petition against them
S. Madhusudan, State President
N. Ramesh Rao, state Gen. Secretary
P. Raghavendra Reddy, state Treasurer