Excelsior Correspondent
Srinagar, Feb 16: High Court has today dismissed plea of a school seeking release of Registration Return Forms (RRFs) from the Board of School Education (BOSE) for appearing its students in upcoming class 10th examinations.
The petitioner-Gousia Public School approached the court with the grievance that in view of the amendment carried out in the J&K School Education Rules, 2010 vide SO 177 dated 15.04.2022, the Board is not releasing the Registration Return Forms of the students enrolled in Class 9th so as to seek registration with the respondent-Board enabling the students to appear in Class 10th Board Examination to be conducted by the Board.
Justice Tashi Rabstan while dismissing the plea said, the grievance is with regard to amendment carried out to the J&K School Education Rules, 2010, whereby, amongst other things, in Rule 4, after Sub-Rule 2-A, Rule 2-B has been incorporated which provided for production of no objection certificate by educational institutions regarding land use issued by the Revenue Department, Government of J&K.
Court said the rule came to be notified on 15.04.2022, whereas the present petition came to be filed on 06.12.2023, i.e., after more than nineteen months of notifying the rule.
“If the petitioners-schools were aggrieved of the amendment they ought to have challenged the legal validity of the amendment but they waited for more than nineteen months in filing the present petition”, read the judgment.
Justice Tashi concluded that the very purpose of filing the writ petition becomes redundant, as, without challenging the rule, no legal consequences follow and the relief claimed by the schools cannot be granted. “In such a situation, the petitioners-schools are estopped from questioning the validity of rule or terming the same as illegal”, court recorded.
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