Jammu & Kashmir High Court - Srinagar Bench
Hamdaniya Mission School Pampore ... vs Union Territory Of Jk & Ors on 12 June, 2023
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Sr. No. 119
Suppl. List. 1
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 1487/2023
CM No. 3482/2023
Hamdaniya Mission School Pampore through ...Petitioner(s)/Appellant(s)
Mohammad Mushtaq Masoodi
Through: Mr. Rizwan-ul-Zaman, Adv.
Vs.
Union Territory of JK & Ors. ...Respondent(s)
Through: Mr. Mohsin Qadiri, Sr. AAG with Ms. Maha Majeed, Adv.
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
12.06.2023
1. The petitioner has called in question the order of Principal/Cluster Head, Government Girls Higher Secondary School, Pampore dated 19th May 2023, whereby the petitioner has been asked to close the school and shift the enrolled students to the nearest Government School on the ground that despite repeated reminders, the petitioner has not taken requisite steps for registration/recognition.
2. Learned counsel for the petitioner submits that the petitioner's school has submitted all the necessary documents except No Objection Certificate from the Revenue Department. This is so because as per the Revenue Department, the land under occupation of the School is a State land and therefore NOC for establishing School on State land cannot be granted.
3. Attention of this Court is invited to an interim order passed by a Co-
ordinate Bench of this Court in WP (C) No. 671/2023.
4. Issue notice to the respondents.
5. Mr. Mohsin Qadiri, learned Sr. AAG waives notice on behalf of respondents.
6. Having heard learned counsel for the parties and perused the material on record as also to maintain parity, the impugned notice issued by the WP (C) No. 1487/2023 Page 1 of 2 Principal/Cluster Head, Government Girls Higher Secondary School dated 19th May 2023 is stayed subject to the petitioner completing all other requisite formalities except NOC from the Revenue Department in terms of S.O 177 dated 15th April 2022 issued by the Principal Secretary to Government, School Education Department.
7. List along-with WP (C) No. 1282/2022 on 14th June 2023.
(SANJEEV KUMAR) JUDGE SRINAGAR:
12.06.2023 Altaf WP (C) No. 1487/2023 Page 2 of 2