Excelsior Correspondent
SRINAGAR, June 22: High Court today directed for maintaining the status quo with regard to the schools which are not on proprietary land and sought response from the Government to the plea of schools by next date.
Almost 50 schools have approached the Court challenging the SO 177 dated 15.04.2022 , in terms of which additional conditions have been imposed, amongst others, for purposes of registration, recognition of the schools.
These schools in terms of the SO have to obtain a certificate from concerned Tehsildars. Serious controversy has arisen as regards the amendments and the consequent notifications and circulars issued.
The petitioner-Schools hold land of Makbooza Ahle-Islam on which these schools have been established. The petitioner-schools through senior counsel Z A Shah submitted before the court that having regard to the position in law as also decision of the Supreme Court, in terms of the impugned amendments and the notifications and circulars issued, no such situation can be created wherein the schools will have to be closed.
The amendments provide for taking over the management of the school, in case no objection certificate is not obtained and these schools have questioned the constitutional validity of the impugned amendments circulars and notification and also the course adopted by the authorities in dealing with the rights of the local community on the lands.
Justice Moksha Kazmi after hearing the senior counsel Z A Shah directed for maintaining of status quo and sought reply from the authorities by next date of hearing.
As these schools are run in various districts of Kashmir division as such response has been sought from Principal Secretary School Education department, DSEK, Deputy Commissioner of district Srinagar, Budgam, Kulgam, Anantnag, Shopian, Baramulla, Kupwara, Bandipora, Pulwama and Chairman BOSE.
It is in exercise of the powers conferred by Section 29 of the Jammu and Kashmir School Education Act, the Lieutenant Governor has made certain amendments in the Jammu and Kashmir School Education Rules under which the schools have to obtain No Objection Certification (NoC) from the Revenue Department regarding land use of schools as also the documents relating to possession of the land required for building, playground etc.
In pursuance of the amendments made in the rules on April 15, the Joint Secretaries Board of School Education of Kashmir Division and Jammu Division issue circular and notification asking all private school institutions for furnishing NOC regarding land use of school from the revenue department.
Furnishing of documents relating to possession of the land required for building, playground etc has also been sought in case the applicant is owner or in lease with the minimum period of 10 years or in case a private school is being run or proposed to be run in a rented land or building.
“Further, the failure of academic institutions, if any, to furnish the requisite documents within the stipulated period shall result in the suspension of all board related facilities to these academic institutions for the current session without any further notice”, reads the circular and notification.
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