KOLKATA: During Monday's hearing on a writ petition challenging the publication of eight higher secondary textbooks in Calcutta high court, petitioner Punascha Prakashani's counsel Shaktinath Mukherjee and Saptangshu Basu argued that those books were in the market despite the court's interim order prohibiting their sale.
Appearing before Justice Sanjib Banerjee, Mukherjee sought another interim order from the court.
The HC observed that an interim order of the court is already in force and no further order is necessary at this stage. The state government should ensure that the order was enforced, Justice Banerjee said. Advocate general Bimal Chatterjee told the court that the state government was trying to comply with the court's order.
Mukherjee further argued that though the court had directed his client as well as Orient Blackswan Private Limited (OBPL) - the publisher whose bid was accepted after processing the tender - to sit with the Higher Secondary Council to resolve the dispute out-of-court, OBPL was refusing to negotiate.
Sources said the council was not agreeing to Punascha's demand that they be given the right to full publication for the next two years.
State advocate general Bimal Chatterjee sought time from the bench of Justice Sanjib Banerjee to sit with the publisher and settle the issue as directed by the court. The court then adjourned the hearing till Wednesday.
Punascha Prakashani had moved the writ petition against the council alleging irregularities in processing the tender. Basu had pointed out that the council had initially placed orders with six publishing companies on subjects including English, Bengali, environmental sciences and Sanskrit. While five of them offered a minimum of 35% royalty, OBPL offered 26%.
After a meeting with tender participants, council president Muktinath Chatterjee had requested the four quoting higher royalties to bring it down to 26%, said Basu. A letter inviting fresh tender applications was sent. But it reportedly reached Punascha authorities on July 3, after the last date for submitting the tender had passed.