Fayaz Bukhari
SRINAGAR, Feb 3: Jammu and Kashmir High Court today directed the Government to close down all the coaching centres in Kashmir valley and asked for personal appearance of Divisional Commissioner Kashmir in case they do not file undertaking with the registry of the court within three days.
The Division Bench of the High Court comprising Justice MH Attar and Justice J R Kotwal directed the Divisional Commissioner Kashmir to close down all the coaching centres in Kashmir valley if they fail to file undertaking before the registry of the court within three days time.
“In case the court order is not complied with within three days time and requisite undertaking is not filed before the Registrar Judicial, the Divisional Commissioner Kashmir shall close down all the coaching centres”, the bench directed.
Court also directed Registrar Judicial to inform the Divisional Commissioner Kashmir after three days as to how many coaching centres have filed the requisite undertaking so that he (Div Com) shall close down those centers till further orders from the court.
The High Court had ordered that coaching centres in Kashmir should implement the Jammu and Kashmir Private Coaching Centres Rules and Regulations 2010 under which they have to provide proper facilities and security to the students in these coaching centres. Majority of the coaching centers lack the facilities and have failed to file undertaking before the court.
Court after great persuasion from the counsel appearing on behalf of Coaching Centers Association Kashmir advocate Nasir Qadri granted three days time for filing of requisite undertaking in terms of previous orders passed from the court.
“At this stage, Nasir Qadri, appearing on behalf of Coaching Centres Association Kashmir submitted that within three days time, the requisite undertaking in terms of the aforesaid court order will be filed before the Registrar Judicial. We allow the prayer of the learned counsel and give further three days time to him for complying with the aforesaid order”, reads the HC order.
Court also passed tough remarks against the Government for not complying the earlier court order. “More than one month has passed and nothing is brought to the notice of the court as to how and in which manner the earlier court direction has been implemented”, court observed.
“We are constrained to place on record our anguish about the conduct of the authorities, however, before proceeding against the authorities, we give them last opportunity to file compliance report”, said the bench.
The Counsel appearing for State Additional Advocate Genral R A Khan submitted before the court that high level committee has been constituted in this regard and compliance and action taken against those coaching centres who are hell-bent to violate the court orders and regulation of 2010 shall be placed before the court on next date.
The Court after giving assurance from the State Counsel directed that in case compliance is not filed then Divisional Commissioner Kashmir and other officials who in earlier direction had been directed for filing of compliance report before the court to appear in person before the court.
“In case compliance report is not filed, the authorities, who have to file compliance report, including Divisional Commissioner, Kashmir to appear in person before the court on next date”, Bench directed.
Court has been apprised that only three coaching centers have filed their undertaking before the Registrar Judicial which are Crescent Classes Coaching Centre Naseem Bagh Srinagar, Brilliant Coaching Centre Chadoora and Institute of Pure and Applied Sciences Noorbagh Srinagar.
Court further observed that the issue involved in this petition is of significant public importance and compliance report has not been filed by the Divisional Commissioner and other concerned authorities in terms of previous order as the issuance of directions in previous order had become necessary for the ‘welfare of the student community’ since one month has lapsed.
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