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2025 DAILYLAW 10954 (JK)

JATINDER SINGH v. UT OF J AND K TH COMMISSIONER SECRETARY, SCHOOL EDUCATION DEPARTMENT, JAMMU AND OTHERS

WP(C)/3543/2025 · 2025-12-16

Moksha Khajuria Kazmi

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 3543/2025 Date of pronouncement: 16.12.2025 Date of uploading: 17.12.2025 Jatinder Singh, Aged 39 years S/o Jodh Singh, R/o Maha. P/O Lakhanpur Tehsil & District: - Kathua Pincode: - 184152 Mob. No. 9797107500 .....Applicant(s)/Petitioner(s) Through :- Mr. Nikhil Narayan Sharma, Advocate v/s 1. UT of J & K through its Commissioner/Secretary School Education Department, Civil Secretariat Jammu/Srinagar 2. Director School Education, Jammu Pincode: 180005 3. The Chairman, Jammu and Kashmir Board of School Education, Rehari Colony, Jammu Pincode: 180005 4. Varinder Singh, S/o Jodh Singh, R/o Maha, P/o Lakhanpur Tehsil & District: - Kathua Pincode 184152 .....Respondent(s) Through :- Ms. Chetna Manhas, Advocate vice Mr. Raman Sharma, AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER(ORAL) 1. By this petition, the petitioner herein is seeking a direction upon the respondents to consider the representation filed by the petitioner on 14.11.2025 thereby seeking review of the permissions and No Objection Certificates (NOCs) obtained by misrepresentation and Sr. No. 173 2 fraud by private respondent,m which was submitted to the official respondents, for running a private primary school, namely, Arise Modern School, situated at Village Mahan, Lakhanpur, District Kathua. 2. It is stated by learned counsel for the petitioner that the petitioner has constructed a building on the land measuring 12 kanals falling under khasra no. 162 and has taken the permission and NOCs from the competent authority for running the Elementary Teacher Training (E.T.T.) college, namely, New Swastik situated at Village Maha, Lakhanpur, District Kathua. 3. It is further stated that the private respondent has taken permission and NOCs from various authorities for running a private primary school by misrepresentation, showing the building, owned by the petitioner, as his own, as such, committed fraud with the respondent authorities. 4. It is submitted that the petitioner has made a representation before respondent nos. 1 to 3 on 14.11.2025 so as to conduct an enquiry thereby reviewing the permission granted to respondent no. 4, however, no heed had been paid by the said respondents to the representation of the petitioner. 5. Learned counsel for the petitioner states that he would feel satisfied if the instant petition is disposed of with a direction to respondent nos. 1 to 3 to consider the representation of the petitioner dated 14.11.2025 in a time bound manner. 3 6. Ms. Chetna Manhas, Advocate states that she is not averse to the propositions being made by the learned counsel for the petitioner. 7. Be that as it may, the instant petition is disposed of at its thresholdwith a direction to respondent nos. 1 to 3 to consider and decide the representation of the petitioner dated 14.11.2025, which is stated to be pending, within a period of four weeks by passing a speaking order thereon. 8. Disposed of. (Moksha Khajuria Kazmi) Judge JAMMU 16.12.2025 Manik Whether this order is speaking: Yes/No Whether this order is reportable: Yes/No