Jammu & Kashmir High Court - Srinagar Bench
Parents Coordination Committee vs State Of J&K; & Ors on 4 February, 2019
Bench: Ali Mohammad Magrey, Sanjeev Kumar
Serial No. 02
Regular List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
PIL No. 201/2011
I.A. Nos. 01/2013, 02/2011, 01/2018, 02/2018 & I.A. No. 03/3018
Date of Order: 04.02.2019.
Parents Coordination Committee Vs. State of JK & Ors.
Coram:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
Hon'ble Mr Justice Sanjeev Kumar, Judge.
Appearance:
For the Appellant(s): Mr A. Andrabi, Advocate
Mr M.Y. Bhat, Advocate.
For the Respondent(s): Mr T.M. Shamsi, ASGI
Mr B.A. Dar, Sr AAG.
Mr J.A. Kawoosa, Advocate.
Mr M.Y. Bhat, Advocate.
01. In the instant Public Interest Litigation, which has been filed on 28.03.2011, following prayer has been made;
a). Mandamus, commanding the respondents to submit the detailed reports about the investigation and status of the cases of unfair means mentioned in the petition and the steps taken for punishment of the officials found involved in the scams and malpractices.
b). Mandamus, commanding the respondents to produce all the record and material pertaining to the status of all the cases pending in the JKBOSE, regarding the cases of students alleged to have been found involved in unfair means in the examination and provide details of all such cases decided, reviewed and altered during the last five years.
PIL No. 201/2011 Page 1 of 4c). Mandamus, constituting a team of lawyers, journalists and educationists and parent activists to monitor, supervise and report the status and position of investigations and allegations of corruption in the respondent JKBOSE and recommend corrective measures to improve the functioning of the Board.
d) Mandamus, commanding the respondents to impose a total ban on the recognition, affiliations of all ETT Colleges till the inquires about the malpractices are concluded under the orders of the Hon'ble High Court.
02. The Court issued notice in PIL No. 201/2011 on 11.03.2011 and the returns filed the respondents reveal that the Crime Brach registered case bearing FIR No. 36/2013 dated 07.11.2013, in respect of the allegations of omission and commission in running the ETT institutes in Jammu province. Similarly, case bearing FIR No. 27/2013, has been registered at Police Station, Crime Branch, Srinagar.
03. As per the status report, final report in case FIR No. 36/2013 dated 07.11.2013 is to be filed before the competent court of law in respect of the allegations of running the ETT institutes in Jammu province. The investigation in case FIR No. 27/2013 is complete and final report stands filed before competent court of law.
04. During the pendency of the instant Public Interest Litigation, the respondent-State was asked to constitute a committee to look into the matter with reference to recognition/affiliation of ETTs in the State of Jammu & Kashmir and submit report. The report of the committee was submitted and accordingly, the Government of Jammu & Kashmir School Education Department amended rules of The Jammu and Kashmir School Education Rules, 2010, in terms of SRO 292 dated 2nd of July, 2018.
05. Perusal of the amendment reveals that for regulating the affairs of the ETT in the State of Jammu & Kashmir as also other institutions, the rules have been PIL No. 201/2011 Page 2 of 4 amended which include inspection procedure, monitoring of ETT Institutes, eligibility with reference to recognition/affiliation, de-recognition of institutions etc.
06. Noting the prayer in the PIL as also the substantial progress shown by the respondents, we are satisfied that the concern registered, has been taken due care by the amendment in the shape of SRO 202 dated 2nd July 2018, as also by ensuring submission of final report in case FIR No. 36/2013 dated 07.11.2013 within reasonable time, We propose to close this Pubic Interest Litigation with the following observations;
(i). The respondent-State shall ensure adherence to the amended rules notified in the shape of SRO 202 dated 2nd July 2018, in its letter and spirit.
(ii). The Crime Branch shall complete the investigation in respect of case FIR No. 36/2013 dated 07.11.2013 and file final report within a period of two months before the competent court of law.
(iii). The competent authority shall consider the cases of existing institutes and ensure their inspection and meeting the requirements in terms of amended rules before grant or otherwise of recognition/affiliation. The competent authority shall also ensure that the institutes which does not meet the requirements in terms of the applicable rules, shall be closed.
(iv). The ETT institutions which were closed as a consequence of registration of case and subsequently sealed in terms of orders of this Court, shall approach the competent authority for grant of recognition/affiliation in tune with the mandate of the requirements in terms of applicable rules. In the event the institutions meet the required requirements, the competent PIL No. 201/2011 Page 3 of 4 authority shall take appropriate action for de-sealing the said institutions.
(v). The administrative actions against the erring officers/officials of the state consequent upon the orders passed by this Court, shall be taken to its logical conclusion.
(vi). Any left out grievance of the petitioners with reference to governing fee structure etc. shall be taken up with the competent authority and in the event such grievance is taken up, same shall be addressed and redressed in accordance with law.
PIL alongwith connected I.A(s) is accordingly closed on the above terms.
(Sanjeev Kumar) (Ali Mohammad Magrey)
Judge Judge
Srinagar
4th of February, 2019.
"Hamid"
PIL No. 201/2011 Page 4 of 4