Education laws and rales-Books for general reading in Schools and colleges libraries, and text books selection of by administrative Instructions- Challenge to the Constitution of Sub-Committee and the method of selection adopted Whether can be made by a person who has neither submitted any book or by a person who has submitted his books for selection, out of which a few books only has been selected-Doctrine of locus standi-Justification of State's action in constituting a Committee-Doctrine of bias-Whether an author-member can be a member of any such committee or sub-committee- Rule of Doctrine of necessity, explained-Sufficiency of guidelines continued Contained in-Resolution of the Government dated November 24, 1983- Guidelines prescribed by the Supreme Court.

Selection of text-books and books for reading to be kept in school and college libraries is a matter of vital importance to the imparting of proper education. Such selection must depend upon the ability and fitness for the purpose of those who are charged with that responsibility. In the State of Orissa, there was no statutory rule or regulation prescribing the procedure for selection of books for general reading to be kept in school and college libraries, except the State Government's periodical administrative instructions in the form of resolutions constituting committees namely, an Assessment Sub-Committee, a Distribution Sub-Committee and a Purchase Committee to which Government officials as well as non-officials were appointed as members. The procedure followed was, that each year the Member-Secretary of the Purchase Committee would call upon publishers and authors by advertisements given in local newspapers to submit books for consideration. The Assessment Sub-Committee could then consider the books so submitted and thereafter recommend a list of books which, according to it, were suitable for general reading by school and college students. The Purchase Committee would consider the recommendations made by the Assessment Sub-Committee prepares a final list and submit it for approval to the State Government which could reject any book out of the list so submitted without giving any reason. The decision of the State Government regarding the assessment, selection purchase and distribution of books was made final.

The selection of the books for the years 1980, 1981 and 1982 was made in this fashion. Admittedly, some of the members of the Assessment Sub-Committee were themselves authors of books and some of the books written by them were selected and purchased. The Purchase Committee restricted the list for the years 1980, 1981 and 1982 to 466 books out of 1,718 books submitted for selection, but as further funds became available the Government decided to select more books and accordingly a committee constituted under the Chairmanship of Director of Public Instruction (Schools), Orissa, selected a supplementary list of 105 books out of the said 1,718 books which had been submitted for selection.

Before further steps could be taken, in the unprecedented floods and cyclones of August/September 1982, number of schools and colleges suffered in the calamity and the libraries of many schools and colleges were washed away. The Central Government thereupon, as part of its relief programme for the State, gave grants to the State during February and March, 1983 aggregating to Rs. 45 lakhs for the purchase of books for the libraries of non-governmental schools and colleges and to be utilised before June 1983. Due to Paucity of time and delay in the normal process of selection of books, the State Government took a decision or April 5, 1983 to utilise the grant made by the Central Government by purchasing books out of the books selected for the years 1980, 1981 and 1982 and the said supplementary list of 105 books. In the meeting convened on April 13, 1983, to consider the selection of books to be purchased, all the 466 books selected for the years 1980, 1981 and 1982 together with the 105 supplementary list of books were approved.

Thereupon, the appellants who were publishers filed a Writ Petition under Article 226 of the Constitution against the State of Orissa and the Director of Public Instruction, Orissa to quash the list of books selected for the years 1980, 1981 and 1982 and the State Government's said decision with respect to purchasing books out of the cyclone and flood relief grant made by the Central Government, inter alia on the ground of bias on the part of some of the members of the Assessment Sub-Committee whose books were submitted for selection. This Writ Petition was heard along with a similar Writ Petition filed by the Orissa Publishers and Book Sellers Association. The High Court by a common judgment delivered on August 10, 1983 dismissed both these Writ Petitions. Hence the appeals by Special Leave of the Court.