Srinagar: In a relief to the private schools that were facing de-recognition, the High Court of Jammu & Kashmir and Ladakh on Thursday directed that schools being run on other than private property can either acquire the proprietary land or approach the government for the exchange in lieu of school land.
In an order issued by the Acting HC Chief Justice Tashi Rabstan, all the schools who had petitioned before the Court have been asked to submit their applications to the government within four weeks.
“All these requests/applications shall be made by petitioners within four weeks from today. Principal Secretary to Government, Department of School Education, U.T. of J&K/J&K Board of School Education, on receipt of such application(s), shall decide the same either himself/itself or by constituting a Committee, comprising of senior officers of the School Education Department/J&K Board of School Education, Revenue Department or any other department(s) as may be thought appropriate by him/it, and get such applications decided within four months. While doing so, the petitioner(s) shall also be heard,” the Court order read.
Over 100 private schools were grappling to keep their registrations intact after the Jammu & Kashmir administration’s rules of April 2022 which directed the Revenue Department to identify those schools built on the land other than private property for de-registration by the Education Department.
“Where the schools are being run on Kahcharie/State/Shamilat etc. land are concerned, the petitioners therein can either acquire the proprietary land and/or approach the respondent-authority (Principal Secretary to Government, Department of School Education, U.T. of J&K/J&K Board of School Education) with their plea as is made by them in their respective writ petitions for consideration which can also include the exchange of proprietary land in lieu of Kahcharie/State/Shamilat etc. land, as may be available under and in terms of the Land Revenue Act or any other applicable law(s),” the order read.
With regard to the writ petitions/cases, where Kahcharie/State/Shamilat land etc. is not involved, they (writ petitioners therein) can also approach Principal Secretary to Government, Department of School Education, J&K/J&K Board of School Education, with their request/plight within four weeks from today, the Court said.
“On receipt of such application(s), he/it shall either himself/itself decide or get such application(s) decided through the Committee, to be constituted by him/it, within a period of four months and while doing so, petitioner(s) shall also be heard. Till then petitioner(s) be permitted to run the school(s) provided they are able to do so having regard to change of circumstances during pendency of instant matter as the students studying in those schools have been shifted to other schools,” the order read while disposing of the bunch of petitions.
The High Court dropped the proceedings and contempt petitions were closed.
