Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 6536 (JK)

BRIGHT STAR EDUCATIONAL INSTITUTION v. UNION TERRITORY OF J AND K AND ORS. (SCHOOL EDUCATION)

WP(C)/476/2025 · 2025-03-17

Rahul Bharti

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 8 Regular list HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 476/2025 CM(1131/2025) BRIGHT STAR EDUCATIONAL INSTITUTION …Petitioner(s) Through: MS. ANJUM, ADVOCATE. Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: . CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI JUDGE ORDER 17.03.2025 1. There is an educational institution in the name of Bright Star Educational Institute established in village Sudurkoot Payen Bandipora, which came to be accorded extension in terms of its recognition for a period of another five years by virtue of an Order No. RECO000065 dated 15.02.2022 by the Chief Education Officer CEO Bandipora. The school is up to 5th Class. 2. After earning the extension of its recognition w.e.f 15.02.2022, S.O. 177 of 2022 dated 15.04.2022 came to be promulgated with respect to Jammu & Kashmir Education Rules 2010, in terms whereof the requirement of ‘No Objection Certificate’ regarding the land use to be issued by Revenue Department, Government of Jammu & Kashmir and also possession related documents to exhibit title of the land housing the school premises came to be prescribed. 3. In addition, the Director School Education constituted committee also came to be provided for carrying out the inspection in respect of the land records of all private schools at any time. 4. The petitioner is the educational institution itself but acting through Jahan Ara, purportedly claiming herself to be chairperson, submits that issuance of NOC in its favour is being prejudiced by the Authorities which risks the continuing recognition of the petitioner-institute. 5. This Court had an occasion of disposing of bunch of writ petitions pending before this Court relatable to post S.O. 177 of 2022 scenario. The judgment dated 08.08.2024 came to be pronounced in said bunch of writ petitions with lead writ petition WP(C) No. 3250/2023. In para 35.1 of the said judgment, the writ court came to provide for the schools being run on Kahcharie/State/Shamilat land and the course of action available at the disposal of the promotors of the said like educational institutes housed upon Kahcharie/State/Shamilat land. 6. The petitioner is, thus, also entitled to the same treatment as came to be spared with respect to the schools qua the disposed of writ petitions and covered under the ambit of direction as given in para 35.1. 7. This writ petition is, thus, disposed of with liberty to the petitioner to follow the footsteps, as envisaged in terms of direction given in para 35.1 of judgment dated 08.08.2024 passed in WP(C) No. 3250/2023 along with connected matters, by making a requisite application to the Principal Secretary to Government Department of School Education UT of J & K and J & K Board of School Education, whereupon the same to be disposed of as per the protocol in place. The time for disposal of such like application is also set out in para 35.1 and same shall stand good for petitioners’ application also, if any filed, within a period of one week along with certified copy of order of disposal of this writ petition. The petitioner to annex a copy of this order along with copy of judgment dated 08.08.2024 to accompany an application to be made from itself to the Principal Secretary to Government School Education/J & K Board of School Education. 8. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR 17.03.2025. Hilal Ahmad