Srinagar: In the context of new rules co-relating land of the schools with their recognition with the government, the J&K High Court has directed the authorities to accord them provisional recognition and redeem the future of their students.
Justice Rahul Bharti while hearing a string of petitions by private schools established on ‘Kahcharai’ or ‘Shamilat’ land, directed the respondent authorities “to provisionally accord recognitions to the petitioners’ schools”.
The judge directed the “Secretary to School Education Department, UT of J&K, the Director, School Education Kashmir, and the Jammu and Kashmir Board of School Education to accord provisional recognitions to the petitioners’ schools and also to release registration return forms (RRFs) in their favour in the manner as used to be provided and extended to them prior to the issuance of SO 177 dated 15-04-2022.”
The petitioners said “the regime of law under which school education used to be governed in the then State of Jammu and Kashmir (now UT of J&K) was under the J&K Board of School Education Act, 1975. In terms of the Act, a Board of Secondary Education is an entity entrusted with statutory powers and authority to administer the various facets of school education in the UT of Jammu and Kashmir, and secondly, by late coming of J&K School Education Act, 2002.”
They further said “as a consequence of Jammu and Kashmir Reorganization Act 2019, the Jammu and Kashmir Board of School Education Act, 1975 was amended in terms of S.O 3466 (E) dated 05.10.2020 issued by the Central government. The Jammu and Kashmir Board of School Education Act, 1975 has been given amendments viz different sections of the S.O.”
In terms of the amended set-up, the Board has been vested with the power to frame regulations for implementation of the provisions of the Act.
The petitioners, through their counsels say “in exercise of power vested under section 29, the Government of UT has come forward with S.O. 177 of 2022 dated 15th April, 2022 thereby amending Jammu and Kashmir School Education Rules 2010. In terms of the amendment so made qua Jammu and Kashmir School Education Rules 2010, Rule 4 has been amended with addition of sub-rule 2 (B).”
In terms of this amendment, Rule (2 B) requires a no objection certificate (NOC) regarding land use to be issued by the Revenue department of the Government of UT of Jammu and Kashmir and the documents relating to possession of the land qua the school premises for the purpose of earning of recognition/permission or renewal of permission with respect to an existing school.
All the petitioners find themselves in a quandary in the context of the land site housing their respective school premises, which in most of the cases, is Shamilat/Kahcharai land.
The manner in which respective sites came to be appropriated for the purpose of setting up of the school premises by the petitioners has been narrated in the writ petition with an emphasis that the government authorities concerned, including the government itself, all along in the course of time, have been well aware about the site status of the petitioners’ schools.
“It would grant them affiliations and recognitions, which came and revised from time to time without any demure from the end of the government at any point of time; but now by virtue of S.O. 177 of 2022 the petitioners are getting confronted with an existential crises looming large as the concerned revenue agencies are not inclined to entertain any application from the petitioners’ end for grant of requisite NOCs in their favour quo the school premises for the purpose of seeking renewal of their recognition,” pleaded the petitioner school managements.
An imminent fallout of the operation of S.O. 177/2022 is that existing recognition of the petitioners’ schools for class 9th, 10th, 11th and 12th is going to be held up thereby exposing students career to peril as the petitioners will not be able to earn issuance of registration return forms (RRFs) from the State Board of School Education for lack of renewal of the permission, they pleaded further.
Justice Bharti after hearing the petitioners said “prima facie case is made out. He accordingly issued notice to the respondents and listed the matter for January 29, 2024.
