Jammu & Kashmir High Court - Srinagar Bench
New Cambridge School vs Union Territory Of J&K And Others ... on 23 December, 2022
Author: Rahul Bharti
Bench: Rahul Bharti
Sr. No. 132
Suppl. Cause List
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No.2947/2022
CM No.392/2022
New Cambridge School ...Appellant(s)/Petitioner(s)
Through: Mr. Tasaduq Hussain Reshi, Advocate
Vs.
Union Territory of J&K and others (School ...Respondent(s)
Education Department)
Through:
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
23-12-2022
1. The petitioner is an educational institution recognized as private school running classes from 1st to 10th. The petitioner is in existence since 2003 on the basis of recognition/affiliation of the concerned authorities.
2. In terms of Government Order no. 184-Edu of 2019 dated 21-04- 2017, the affiliation/upgradation of the private educational institutions of Kashmir/Jammu division by mode of extension came to be approved by the Affiliation Committee of Jammu and Kashmir Board of School Education in terms of its meeting on 21- 04-2017. By reference to this Government Order, the extension of the affiliation in favour of the petitioner institute came to be accorded for five years up to class 10th with effect from academic session November 2015 to October 2020 in a phased-manner.
3. From the end of Jammu and Kashmir State Board of School Education, New Campus Bemina, Srinagar, a communication no. F(Gen/Fac)B/KD/2019 dated 22.06.2019 came to be issued in which with respect to the petitioner school the status of affiliation with respect to Class 9th and 10th came to be mentioned up to 2021 (Oct-Nov). This communication no. F(Gen/Fac)B/KD/2019 dated 22.06.2019 of the Jammu and Kashmir State Board of School Education, New Campus, Bemina, Srinagar stood acted upon by the Jammu and Kashmir State Board of School Education.
4. The petitioner institution comes to find itself in an awkward position that for the students enrolled for the classes 9th and 10th for the academic session 2021-2022-2023, the prospect of students stand of the two classes 9th and 10th taking their forthcoming Board examination is facing loss in view of coming in picture of the impugned Order no. 64-Gen of 2022 dated: l6-l2-2022 in terms whereof with reference to the petitioner institution the year of affiliation up to 2021 has been shown to be a typographical error and as such the academic session of the petitioner institution for classes 9th and 10th is being reckoned by the Jammu and Kashmir State Board of School Education as unauthorised. The issuance of the impugned order has taken place without first putting the petitioner institution to any notice. This Court cannot countenance the situation that the authorities of the J&K BOSE were not aware of the fact that on the basis of the so-called typographical error the petitioner institution must have enrolled students for classes 9th and 10th for the academic session 2021-2023 and as such ought to have been sensitive to the status of the students, who for no fault of their, are going to suffer the peril/loss of their studies by not being able to sit in the forthcoming Board examination by having their roll numbers issued without first submission of Online forms by and from the end of the petitioner institution. Last date of Online submission of forms is 27.12.2022. The petitioner is suffering loss/denial of access to the requisite link which generates the process of Online submission of online examination forms of the students.
5. Prima face a case is made out.
6. Issue notice to the respondents.
7. Petitioner to furnish registered postal covers for service of respondents within a period of 7 (seven) days whereupon the Registrar Judicial of this Court to issue notice to the respondents.
8. In the meantime, the operation of the impugned order no.64-Gen of 2022 dated: l6-l2-2022 issued by the Jammu and Kashmir State Board of School Education, New Campus Bemina, Srinagar is stayed. The respondent no.3 i.e. Joint Secretary General, J&K BOSE, Kashmir division, New Campus, Bemina, Srinagar, is directed to provide link in favour of the petitioner institution for the purpose of enabling it to submit online forms of the class 10 th students in the forthcoming Board examination.
9. Registry shall provide copy of this order to the learned counsel for the petitioner during the course of day itself.
10.List on 06.02.2023.
(RAHUL BHARTI) JUDGE SRINAGAR 23-12-2022 Shameem H.