Jammu & Kashmir High Court - Srinagar Bench
Iqbal Islamia Mission High School vs Ut Of Jk And Ors on 23 August, 2021
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 123
Suppl. List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
SRINAGAR
WP(C) No. 1570/2021
CM No. 5290/2021
CM No. 5484/2021
Iqbal Islamia Mission High School
..... Petitioner(s)
Through: -
Mr. M. Sultan, Advocate
V/s
UT of JK and Ors.
..... Respondent(s)
Through: -
Mr. Shah Aamir, AAG Mr. Mohsin Qadri, Sr. Advocate with Mr. Mohammad Tahseen, Adv. CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge (ORDER) 23.08.2021 Managing Committee of the petitioner school, as approved by the respondent-Director, School Education, Kashmir, Srinagar, and notified in terms of order No. 289 DESK of 2021 dated 03.06.2021, is kept in abeyance in terms of impugned order No. DSEK/63/54/292 dated 05.07.2021, besides, the order bearing No. DESK/GS/532-35/2021 dated 24.07.2021, issued by the Joint Director School, Directorate of School Education, Kashmir, whereby the Principal, Girls Higher Secondary School, Nishat, has been asked to take over the charge of petitioner school from the present Managing Committee till the matter is resolved in the Directorate are questioned on the grounds detailed out in the petition with particular reference that the respondent Director, School Education, Kashmir, has 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.
Mr. M. Sultan, learned counsel appearing for the petitioner school submits 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. It is 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 vis- a-vis their salary and other perks.
Mr. M. Sultan, learned appearing counsel for the petitioner school submits that the action impugned is not only arbitrary but is also uncalled for and not being in tune with the mandate of law and the constitutional guarantees. Learned counsel further submits that the action impugned has jeopardised the interests of the students of the school, which is a charitable school, only aimed at imparting education amongst the deserving and desired students without any monetary gain to the Managing Committee.
On notice respondent Director School Education, Kashmir, filed the objections in terms whereof the maintainability of the writ petition is 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.
Mr. Shah Aamir, learned AAG, learned counsel appearing for the official respondents submits that the welfare of the students of the school is in the hands of the respondent Director, School Education Kashmir, under the scheme of law, therefore, the official respondents be allowed to manage the school till the matter is resolved amicably.
Mr. Mohsin Qadri, learned senior counsel appearing for respondent No. 6, submits that the management of the school is dissolved, therefore, the writ petition is filed by incompetent person, whose none of the rights stand violated, as such, questions the maintainability of the writ petition.
Heard learned counsel appearing for the parties, perused the records and considered the matter.
Availability of the power with the respondent Director, School Education, Kashmir, cannot be questioned qua regulating the management of the school of which he is registering authority. The provision of School Education Act, 2002 read with J&K School Education Rules, 2010, empowers the Director, School Education, Kashmir, to approve the Managing Committee, can be used for keeping the same Committee in abeyance or for approving a new Committee, depending upon the facts and circumstances of the case, but while holding so, the Court is not accepting the contention of the respondent Director, School Education, Kashmir while defending his action, which action is admittedly taken at the back of the Managing Committee. There is not even a whisper in the reply, which suggests that the Managing Committee of the petitioner school was put on notice before taking action or they were heard in person, therefore, the respondent Director, School Education, Kashmir, has failed in affording opportunity of being heard to the management of the petitioner school before taking action.
Admittedly, the administration of the school cannot be allowed to be run by the Principal-respondent No. 6 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.
Without further going to the details of the case for making any observation or recording any finding, it is thought just and proper and in the interest of the school to dispose of this writ petition with certain directions to the respondent Director, School Education, Kashmir, to adhere to the rules for resolving the matter amicably.
In the above background, this writ petition is disposed of in the following manner:-
(i) The impugned order Nos., DSEK/GS/54-292 dated 5th of July, 2021 and DSEK/GS/532-35/2021 dated 24th of July, 2021, shall stand quashed.
(ii) The management of the school shall be run for further two weeks by the Principal-respondent No. 6.
(iii) The Director, School Education, Kashmir shall pass fresh orders within two weeks, of course, only 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.
Disposed of along with connected CM(s).
(Ali Mohammad Magrey) Judge SRINAGAR MOHAMMAD YASIN DAR 23.08.2021 2021.08.24 13:07 "Mohammad I attest to the Yasin Dar"
accuracy and integrity of this document