Jammu & Kashmir High Court - Srinagar Bench
Khankania Children'S Model High School ... vs Ut Of Jk And Ors on 4 April, 2023
Author: Sindhu Sharma
Bench: Sindhu Sharma
S. No. 74
Suppl. List no. 3
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 671/2023
CM No. 1585/2023 c/w
WP(C) No. 540/2023
CM No. 1296/2023
Khankania Children's Model High School through ...Petitioner(s)
its Chairman and Anr.
Through: Mr. Rizwan ul Zaman, Adv, vice Mr. G.Q.Bhat, Adv.
Vs.
UT of JK and Ors. ...Respondent(s)
Through: Mr. Mohsin Qadiri, Sr. AAG, with Ms Maha Majid, Assisting Counsel.
CORAM:
HON'BLE MS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
04.04.2023 The petitioners have assailed a Public Notice dated 10th March, 2023, issued by the Chief Education Officer, Anantnag, vide which, the parents of wards of the school have been informed to get their wards admitted in nearby Govt./Recognized Private Institutions from the commencement of new Academic Session (2023-24) on the plea that the recognition of the said school has expired.
Learned counsel for the petitioners submits that the petitioners had applied for extension of affiliation to the Board of School Education and their Institution has already been inspected in November, 2021, and vide e-mail dated 4th February, 2023, the petitioners have been informed that their application has been rejected due to the fact that the land under occupation is State land and has not been transferred or allotted to the school. The contention of petitioner is that petitioners are running the school in the said area since from 1985. Subsequently they have been granted permission to run the school from the year 2002 onwards and 315 students are presently studying in the said school. The respondents have issued impugned notice without considering all the aspects and without providing them an opportunity of hearing.
Notice to the respondents in the main petition as also in CM, returnable within four weeks.
Requisite steps for service within one week. List again on 11th May, 2023. Subject to objections and till next date of hearing, the impugned Notice dated 10th March, 2023, so far as it relates to petitioners' school shall stay.
WP(C) No. 540/2023,CM No. 1296/2023 Mr. P.S.Ahmad, Advocate, for the petitioner Mr. Mohsin Qadiri, Sr. AAG, with Ms Maha Majeed, Assisting Counsel Learned counsel for the petitioner submits that in terms of direction dated 17th March, 2023, the application for registration through e-filing mode has not been accepted as the prerequisite for filing the same has not been given to the petitioner by the police Authority. He seeks and is granted week's time to lay a motion for the same.
Registry to segregate this petition from WP(C) No. 671/2023 and list the same on 11th May, 2023.
(SINDHU SHARMA) JUDGE SRINAGAR 04.04.2023 Shamim Dar