Excelsior Correspondent
SRINAGAR, July 20: Jammu and Kashmir High Court today warned the Commissioner/Secretary Education of sending him jail for defying the court orders as he has failed to appoint the chairman for the Fee Fixation Committee (FFC) for private schools of the State.
The Division Bench of High Court comprising Chief Justice N Paul Vasanthakumar and Justice Hasnain Masoodi expressed deep concern over the act of State Government in nominating the chairman of FFC and heavily came down on the State Government through its Counsel Shabir Naik (AAG) with the observations that Commissioner/Secretary will be sent to jail in case he won’t file affidavit by Thursday detailing therein the cause of delay in nominating the Chairman.
“If there is any kind of hitch in appointing the same bring it before the court and If anybody is making any kind of hindrance in the process, name the person we will make him party in the proceedings”, observed Chief Justice during the proceedings of the contempt petition to the education counsel.
Education counsel at the very threshold of hearing of the matter requested the Court that the personal appearance of Commissioner/Secretary Education Department, Shaleen Kabra, may be exempted for July 23 as he is not available for personal reasons. In this connection he (Education Counsel) moved an exemption application before the court.
Court after a great persuasion from the counsel appearing for the Commissioner Secretary granted two days time to him and directed that he (Commissioner /Secretary) shall file an affidavit by or before July 23 indicating therein delay in nominating the Chairman for FFC and be present in person on that day in the court.
Advocate Naik submitted before the court that the Government is in process for nominating the FFC chairman and in this regard committee has also been constituted and the said committee has also met to the various retired district judges for appointment of FFC chairman as the court had directed in its order on July 1 for appointing of Chairman amongst the retired District Judges.
Court had sought personal appearance of the Commissioner/Secretary Education Department to explain his position why he should not be punished for dereliction of court orders wherein direction for nomination of Chairman for FFC was passed.
Hearing contempt petition wherein parents body have sought action against the education authorities and president Unaided Private School Coordination Committee G N War who had misquoted and misrepresented the judgment of court and asked the parents of the students to pay fee for the month of September and October last year which court had waived off due the devastating floods.
Court asked Advocate Naik as to why the chairman till date has not been appointed as you were directed to appoint him within a week’s period and since then one and half month has lapsed. However, Advocate Naik could not give a reasonable reply to the queries of the court.
State had moved the application for extension of time for appointing the chairman for the (FFC) which the court outrightly rejected as there was no reason given for extension of time.
Earlier, the State had filed an application seeking extension of time for nominating the chairman of FFC stating that some more time is required but court rejected it outrightly.
Court also directed the president Unaided Private School Coordination Committee G N War who was present in the court for misquoting and falsifying the court order in general public to file his response to the contempt petition by next date.
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