The Kashmir Dialogues
Srinagar: Providing relief to private educational institutions, Jammu and Kashmir & Ladakh High Court has asked the authorities not to close any such institutions operating from community or government lands.
While deciding a batch of writ petition asking the court to declare Notification/S.O. 177 dated 15th April 2022 as ultra vires to the Constitution and seeking ancillary relief, Justice Tashi Rabstan, Chief Justice (Acting) in an order said that “where the schools are being run on Kahcharie/ State Shamilat etc. land are concerned, the petitioners therein can either acquire the proprietary land and/or approach the respondent-authority (Principal Secretary to Government, Department of School Education, U.T. of J&K/J&K Board of School Education) with their plea as is made by them in their respective writ petitions for consideration which can also include the exchange of proprietary land in lieu of Kahcharie/State/Shamilat etc. land, as may be available under and in terms of the Land Revenue Act or any other applicable law(s).”
All such school owners have been asked to submit their applications within four weeks from today only.
“Principal Secretary to Government, Department of School Education, U.T. of J&K/J&K Board of School Education, on receipt of such application(s), shall decide the same either himself/itself or by constituting a Committee, comprising of senior officers of the School Education Department/J&K Board of School Education, Revenue Department or any other department(s) as may be thought appropriate by him/it, and get such applications decided within four months,” the order further reads.
Till the grant of land rights all the petitioner(s) will be permitted to run the school(s). With regard to the writ petitions/cases, where Kahcharie/State Shamilat land etc. is not involved, the order reads “they (writ petitioners therein) can also approach Principal Secretary to Government, Department of School Education, U.T. of J&K/J&K Board of School Education, with their request/plight within four weeks from today. On receipt of such application(s), he/it shall either himself/itself decide or get such application(s) decided through the Committee, to be constituted by him/it, within a period of four months and while doing so, petitioner(s) shall also be heard. Till then petitioner(s) be permitted to run the school(s)..”
As per the orders of the High Court the schools will continue to stay in the present position till the govt (Principal Secretary) takes a decision.
Private Schools Association of Jammu and Kashmir (PSAJK) has welcomed the court order.
The Association said that the order has come as a saviour to lakhs of poor students studying in such schools. It has prevented the ruining of career of these students and given them hope of bright future.
M S Nazki
