Fayaz Bukhari
Srinagar, Dec 30: Jammu and Kashmir High Court today directed that all un-registered coaching centres be closed down and registered be regulated.
The division Bench of High Court comprising Justice MH Attar and Justice Ali Mohammad Magrey directed: “A Committee of Officers, comprising of Divisional Commissioner Kashmir, Director School Education Kashmir and Inspector General of Police, Kashmir is constituted. It will function till such time the competent authority and monitoring committee, in terms of Rules of 2010, are appointed. The aforesaid Committee shall forthwith close down all unregistered tuition centers and coaching centers wherever function in the Kashmir Division”.
Court directed that in case competent authority and monitoring committee is already appointed, even then, the aforesaid committee headed by Divisional Commissioner shall function till further orders from the court and to give effect to the Rules of 2010.
Court directed for installation of CCTV cameras around the tuition centers and coaching centers and keeping of police personnel on duty in the areas where the tuition centers and coaching centers are located and are functioning.
Appearing counsel for Education Department Senior Additional Advocate General (AAG), Advocate Shabir Naik, during the arguments of the matter admitted in all fairness that most of the tuition centers and coaching centers are not complying with the Rules of 2010.
Court expressed its serious concern over the act of Government and said that the State on its part, has accorded sanction for framing of Rules but unfortunately these rules have not been implemented on ground level and it is alleged that even unregistered tuition centers and coaching centers are functioning and not authority is bothered to deal with them. “When they have authority to take action in terms of Rules of 2010”, court observed.
Court directed that all Deputy Commissioners of Kashmir Division to look over all the tuition centers and coaching centers and find out the facilities are available there in terms of rules.
“The Committed shall immediately direct all the Deputy Commissioners of Kashmir Division to visit all the tuition centers and coaching centers along with Chief Education Officers of the respective Districts and find out as to whether appropriate facilities, in terms of Rules of 2010 are being provided to the students and also direct them for displaying and notifying of monthly tuition fee charged from the students”, directed the bench.
Court directed for free admission up to 10percent from the registered tuition centers and coaching centers of its total intake capacity in each class and course for the students who are destitute, orphans or belong to poverty line.
“In order to give effect to the aforesaid directions, the committee shall get a notice published in two daily newspapers informing this class of students about the benefit to which they are entitled in terms of this order for seeking admission in these tuition centers and coaching centers”, court directed.
Court further said that any untoward incident which may happen within the premises of the tuition centers and coaching centers or in their close vicinity, the whole responsibility shall be on owners and managers of these centers and action be taken against them in law.
“Owners and managers of the tuition centers and coaching centers shall be liable for the legal action, which will be initiated against them, including closing down of the tuition centers and coaching centers” court said in its order.
Court further directed the coaching centers and tuition centers running in the Kashmir Division for filing of undertaking within one week before the Registrar Judicial indicating therein that they will comply with all these direction and the command contained in Rules of 2010.
“The tuition centers and coaching centers functioning in the Kashmir Division shall file undertaking before the Registrar Judicial of this court, within seven days from today, that they will comply with the mandate contained in Jammu & Kashmir Regulations of Private Tuition Centers Rules of 2010 and the directions contained in this order” court directed.
Court while emphasizing on importance of education as a fundamental right for every one observed: “Acquiring knowledge through the process of education is one of the important and basic human rights on an individual. A society, which is educated, can be said to be a most developed society. The State Government being repository of rights of the people, is duty bound to ensure that quality education is provided to the students and all the facility, which are required for providing such education, have to be provided by the owners of tuition centers”.
Court directed Divisional Commissioner Kashmir to undertake an exercise to find out those coaching centers and tuition centers who have not complied with the direction of this order and immediately close down such tuition and coaching centers till further orders from the court.
Court also directed Divisional Commissioner for taking immediate steps for publishing this order through print media and electronic media.
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