HC directs State not to insist on compliance of SRO 123

Excelsior Correspondent
JAMMU, June 19: State High Court has directed the Education Department not to insist on compliance of SRO 123 of 2010 by the petitioners’ schools for the current session.
The directions were passed in a petition filed by Private Schools Association, Jammu province through its president Kamal Gupta and 21 others challenging the SRO 123. Terming SRO 123 as unreasonable and unjustified, the petitioners submitted that discriminatory restrictions have been imposed upon the private schools under the SRO, adding the renewal/ grant of permission for running the private schools has been made subject to the compliance of the various provisions under the SRO.
After hearing Senior Advocate D C Raina assisted by Advocate A Verma appearing for the petitioners whereas Deputy AG Shaista Hakim for the Education Department, Justice Hasnain Massodi observed, “despite being given opportunity to file reply to the petition, the respondents have chosen not to oppose the same at least at the admission stage”.
“On May 28, 2012 when respondents were given one more opportunity to file response to the writ petition, it was made clear that in case of failure on their part to file response, the application for grant of stay will be taken-up”, the High Court said.
With these observations, the High Court directed Education Department not to insist on the compliance of impugned SRO 123 of 2010 by the petitioners’ school for the current session.