Excelsior Correspondent
Srinagar, Aug 24: High Court quashed the order of Director School Education Kashmir whereby the affairs of managing committee of a school were kept in abeyance and directed the Director to pass fresh orders by keeping in mind the interest of the school.
Justice Ali Mohammad Magrey directed the Director, School Education, Kashmir to pass fresh orders within two weeks in the matter after hearing the management of the school and the complainants, if any. “While doing so, the scheme of law, rules and the interest of the school shall be kept in mind”, Justice Magrey said.
Managing Committee of the Iqbal Islamia Mission High School, was approved by the Director, School Education, Kashmir, in terms of order No. 289 DESK of 2021 dated 03.06.2021 which was kept in abeyance in terms of impugned order No. DSEK/63/54/292 dated 05.07.2021 and in terms of the order by the Joint Director School, Directorate of School Education, Kashmir wehreby Principal, Girls Higher Secondary School, Nishat, has been asked to take over the charge of said school from the present Managing Committee till the matter is resolved.
The order of Director and Joint Director were questioned on the grounds that they have no power to keep the approval of the Managing Committee in abeyance under the scheme of rules, which are notified in terms of J&K School Education Rules, 2010 and in terms of the School Education Act, 2002.
The counsel appearing for the petitioner school submitted that the impugned orders besides being in violation of the School Education Act and the Rules are also in violation of the principle of natural justice, as the respondents have not issued any notice to the Managing Committee of the School before the orders were issued.
He submitted that the Management of the school cannot be handed over by any stretch of imagination to Principal Government Girls Higher Secondary School, Nishat, merely on the complaint of the staff members qua dictating their terms to the Management of the school visa-vis their salary and other perks.
On notice respondent Director School Education, Kashmir, filed the objections in terms whereof the maintainability of the writ petition was questioned for the relief claimed. The Director School Education, Kashmir has detailed out the circumstances in which the impugned action was taken for the welfare of the students as the management had choked the administration of the school.
Court said, the administration of the school cannot be allowed to be run by the Principal for all times to come, but some solution is to be worked out permissible under law to ensure proper management of the school and the founders of the school cannot be ignored merely there is a complaint of the staff to run the administration.
Court deemed it proper and in the interest of the school to dispose of this writ petition with the direction to Director, School Education, Kashmir, to adhere to the rules for resolving the matter amicably.
Court quashed both the orders of Director and Joint Director by providing that the management of the school shall be run for further two weeks by the Principal with the direction to Director, School Education, Kashmir to pass fresh orders within two weeks, after hearing the management of the school and the complainants, if any.
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