- (1.)The petitioner No. 1 is a registered partnership firm which has been carrying on the business of printing, publishing and selling of approved text books of different classes in the different schools recognised by the West Bengal Board of Secondary Education. This business is carried on under the name and style of "Nag Book House." The petitioner No. 2 is one of the partners of the said business. The West Bengal Board of Secondary Education issued guidelines for authors of text books on mathematics containing instructions regarding syllabus that has to be followed in respect of text books on Arithmatics and Geometry in classes VI and VII. The said guidelines describing the syllabus in respect of Arithmatics and Geometry to be followed by the writers on text books on the said subjects for being read by the pupils of the schools recognised under the Board. Thereafter a Circular No. Syll/79/9 dated 23rd Nov. 1979 was issued by the Secretary, Board of Secondary Education, West Bengal to the head's of all Junior and High Schools recognised by the Board notifying that the syllabi in Mathematics for Classes VI to X had been revised and the new syllabi for classes VI and VII would be introduced In place of the existing syllabi already published in Board's Brouchure under reference from the academic sessions 1981 onwards. The syllabi for classes VIII and IX will be introduced in place of the existing syllabi already published in Board's brouchure under reference from the academic sessions 1982, 1983 respectively. Another circular being circular No. Syll/ 80/9 dated 12th Aug. 1980 was sent by the Secretary of the Board to the heads of all junior and High Schools recognised by the Board intimating that the new syllabus in mathematics will be introduced from the academic session 1981 only in class VI and not in class VII. The new syllabi for classes VIII, IX and X will be introduced in place of existing syllabi from the academic sessions of 1982, 1983 and 1984 and 1985 respectively.
(2.)Text books were prepared according to the syllabus prescribed from time to time by the authorities concerned and sent to the intending publishers and/or authors asking them to submit text books written and/or printed as per the said syllabus to the authorities for approval. The authorities used to fix up dates within which text books were to be submitted for approval as well as prescribed fees for the purpose. The authors and/or publishers after preparing the text books according to the syllabus and/or guidelines used to submit the same to the authorities concerned well in advance so that the text books could be put to market before the academic session concerned. After the submission of the text books so prepared by the authors and the publishers the same were to be scrutinised by experts appointed by the authorities to ascertain whether the same had been prepared strictly according to the syllabus and the guidelines prescribed by the authorities. The text books after being recommended by the experts were formally approved by the authorities and thereafter the names of the text books were sent to the Heads of the Institutions for circulation. Such approval was also to be notified in the official Gazette. In case any mistakes and/or defects noticed by the experts the Authors and/ or Publishers were to rectify the same after having followed the entire procedure and resubmit the same for its approval in the same manner and that too well in advance. The authorities have the absolute right either to reject any text book submitted for approval if the same were not up to the mark or to approve the same. This procedure was followed by the Government as well as University of Calcutta before the constitution of the Board of Secondary Education, West Bengal. After the constitution of the Board of Secondary Education similar procedure was followed until the issuance of new circular mentioned hereafter.
(3.)On 18th Nov., 1981, the Secretary, Board of Secondary Education, West Bengal issued a circular No. 95/81 intimating that the syllabi in Mathematics for Classes VI and VII has been prescribed by the Board by its circulars Nos. Syll/ 79/19 dated 23-11-1979 and Syll/80/9 dated 12-8-1980. It has been further stated in the said circular that the Education Department of the Government of West Bengal have undertaken the responsibility of publishing the mathematics text books for Class VI from the year 1981 and of distributing the same free of cost among the students all over the State of West Bengal. The West Bengal Board of Secondary Education have undertaken, with the approval of the Government of West Bengal, the preparation, publication and sale of text books in Mathematics for Class VII for the Secondary Schools recognised by the Board from the academic session 1982. From the academic session 1982, no book in Mathematics for Classes VI and VII other than the text books published either by the Government of West Bengal or by the Board as aforesaid, shall be prescribed in any secondary schools recognised by the Board. It has also been mentioned therein: "And, that no individual publisher shall be entitled to publish text books in Mathematics in any form whatsoever, as per the said syllabi."