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Jammu & Kashmir High Court - Srinagar Bench

Al Azhar School Of Education And Ors vs Ut Of Jk And Ors on 22 June, 2022

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                               S. No. 28
                                                               Supplementary
    IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR
                          CM No. 3095/2022 in
                          WP (C) No. 1275/2022
                           CM No. 3096/2022



Al Azhar School of Education and Ors.                          ...Petitioner(s)

Through: Mr. Zaffar Shah, Sr. Adv. with
         Mr. Musaib, Adv.
         Mr. G. A. Lone, Adv.

                                    Vs.

UT of JK and Ors.                                            ...Respondent(s)

Through: None

CORAM:
 HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                 ORDER

22.06.2022 CM No. 3095/2022 For the reasons mentioned in the application coupled with the submissions made at Bar by the learned counsel for the petitioners, same is allowed and the requirement of the petition being signed by each and every petitioner is dispensed with.

WP (C) No. 1275/2022

Challenge, in this petition is lead to SO 177 dated 15 th April, 2022, in terms whereof certain conditions have been imposed inter-alia for the purposes of registration/recognition of the schools. Such conditions are stated to require the petitioners to obtain a certificate from concerned Tehsildars on the format provided by the rules. It is stated in the petition that serious controversy has arisen as regards the said amendments and the consequent notification/circulars issued thereunder. The amendment and the consequent notification/circulars issued on the subject have the effect of taking over the management of the school which has been established on the land of Makbooza Ahle-Islam. The said issues are stated to have been raised in the petition as it has the serious consequences and may affect adversely the petitioner schools. Therefore, the instant petition.

After hearing learned counsel for the petitioners, the court is satisfied that the petitioners have prima facie made out a case for ad-interim relief at this stage.

Notice returnable within a period of three weeks. Notice in CM as well.

In the meantime, subject to objections to be filed by the respondents and till next date of hearing, status quo, as on date, shall be maintained.

List on 18th July, 2022.

(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 22.06.2022 Sakeena