Jammu & Kashmir High Court - Srinagar Bench
Al Noor Model School Dobhiwan Tangmarg vs Union Territory Of Jk & Ors on 12 June, 2023
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
Serial No. 129
Supplementary Causelist II
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1491/2023
CM No. 3496/2023
Al Noor Model School Dobhiwan Tangmarg.
..... Petitioner(s)
Through: Mr. Z.A. Shah, Senior Advocate with
Mr. A. Hanan, Advocate.
V/s
Union Territory of JK & Ors.
.....Respondent(s)
Through: Mr. Jahangir Ahmad Dar, GA for R-1 to 3, 5 and 6.
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.
ORDER
12.06.2023 The learned senior counsel appearing on behalf of the petitioner has argued that in pursuance to SO 177 dated 15th April 2022 issued by the Principal Secretary to Government, School Education Department relating to amendments in the Jammu and Kashmir School Education Rules 2010, it was incumbent upon all the heads of the private Academic Institutions of Jammu Division of the UT of J&K and Leh District of UT of Ladakh to apply for grant of Affiliation/Extension of Affiliation/Up-gradation/ Addition of stream through offline mode upto 31st July 2021 before switching over to the online mode and they were also required to submit a No Objection Certificate regarding land use to be issued by the Revenue Department, on the format as per 'Annexure A' to the aforesaid notification within a period of seven days from the date of issuance of the aforesaid notification.
Mr. Z.A. Shah, the learned senior counsel appearing on behalf of the petitioner submits that pursuant to the aforesaid SO 177, the petitioner applied to the concerned Tehsildar on 21st February 2023 within the prescribed timeframe for issuance of No Objection Certificate and the concerned Tehsildar was under an obligation to provide the requisite NOC in favour of the petitioner for smooth functioning of the school, which as per the learned senior counsel has not been provided till date nor there is any intimation in this regard.
Heard the learned senior counsel appearing on behalf of the petitioner at length and perused the record.
Issue notice, which is accepted by Mr. Jahangir Ahmad Dar, the learned Government Advocate appearing on behalf of Respondents 1 to 3, 5 and 6. Let a detailed response be filed on behalf of the said respondents within a period of four weeks. While filing the reply, the respondents shall also place on record the outcome/decision, if any, taken on the application alleged to have been filed by the petitioner dated 21st February 2023.
List on 25th August 2023.
(Wasim Sadiq Nargal) Judge SRINAGAR:
12.06.2023 "Hamid"