HC directs stern action against officials allowing functioning of unaffiliated schools

Excelsior Correspondent
SRINAGAR, Sept 28: High Court today castigated and reprimanded the Board of School Education for allowing unaffiliated schools to run these institutions and directed the Government to take stern action against such kind of practice to arrest the delinquencies.
Justice Tashi Rabstan said there is a dereliction on part of the authorities in discharge and performance of their duty and obligation as is ordained under the Board of School Education Act 1975 and J&K Education Act 2002, Rules, Regulation, norms and procedures made thereunder.
Court directed the registry to send a copy of the judgment to Chief Secretary, Commissioner Secretary Education and Chairman Board of School Education for necessary action as also identify and take stern action against such delinquent-schools.
Court was hearing a petition filed by Kohsar Public High School Khag Budgam seeking quashing of Government order rejecting extension of affiliation of petitioner-school despite the fact the school was operating illegally as without any affiliation for more than two years and the authorities were watching as mute spectators.
The case of the petitioner school set up before the court was that the institution has a managing body duly approved by the J&K School Education Department and was accorded sanction for grant of affiliation in 2016 for a period of two years and thereafter has applied for further extension but the same has not been extended.
Court while referring the Section 11 of the J&K Education Act 2002 which provides that it is not only for establishing a private school that a ‘written permission’ is required, but it is even after establishing a private school the said permission is required to be had from the government or competent authority to run and maintain a private school.
“So it is not a simpliciter threshold ‘written permission’ to establish a private school and thereafter remain calm and in a state of slumber. Here section 11, one cannot deny it, is a good piece of legislation incorporated and introduced in the Act of 2002. It categorically takes care of things at the time of establishment of a school”, court said.
Court added that the section ordains overseeing of running of private schools and stipulates keeping vigil on maintaining of private schools. Court said the authorities should not permit any private school, including petitioner-school to run and function without ‘written permission’ from competent authority. “Any deviation thereto also attracts delinquency on those who were or are at the helm of affairs”, Justice Tashi said.
Court said that any lackadaisical approach by any school in fulfilling and complying with the norms, procedures, terms and condition laid down for running and functioning of the school, should be dealt with iron hand by the authorities.
“Only those private schools are to be permitted to function, which are recognized, as is envisaged in section 12 (1) of the Act of 2002. This means that the unrecognized schools cannot be permitted to function”, Justice Tashi held.
The Government, court said, while issuing and publishing the list of recognized private schools, can publicize their particulars as well if the Government considers it necessary in order to keep unrecognized schools at bay and save the future and career of the children.
Court has maintained that if a private school wants to start a new class or add any higher classes, it is required to seek ‘prior permission’ from competent authority as also prior permission for adding new class as is provided in the Act. Court maintained that procedure, in this regard to be prescribed by Government for permission and recognition.