Schools on govt land: HC directs authorities to provisionally accord recognitions

Srinagar, Jan 20: The High Court of J&K and Ladakh has directed authorities concerned to provisionally accord recognitions to a number of schools as used to be prior to 15 April 2022 Standing Order 177 which requires a no objection certificate (NOC) regarding land use to be issued by the Revenue Department to these institutions.
Hearing pleas by different schools, a bench of Justice Rahul Bharti also directed the authorities in particular the Secretary to School Education Department, J & K, the Director School Education Kashmir and the Jammu and Kashmir Board of School Education to release registration returns forms (RRFs) in favour of the schools in the manner as used to be provided and extended to the petitioners’ schools prior to the issuance of SO 177 dated 15-04-2022.

A number of schools have filed petition before the court, claiming that they find themselves in a quandary in the context of the land site housing their respective school premises which in most of the case is shamlat or khachari land.
They said that the authorities concerned, including the Government itself, all along in the course of time have been well aware about the site status of the schools and still the affiliations and recognitions came to be granted and revised from time to time. However by virtue of S.O 177 of 2022, they said, the imminent fall out of the operation of S.O 177/2022 would mean that their existing recognition for class 9th, 10th, 11th and 12th was going to be held up, thereby exposing students’ career to peril.
They said that they will not be able to earn issuance of registration return forms (RRFs) from the State Board of School Education for lack of renewal of the permission.
“In the meantime, subject to objections from the other side, this Court in the interest of justice and in the context of career of the students admitted and studying in the petitioners’ schools deems it fit and proper to direct the respondents to provisionally accord recognitions to the petitioners’ schools,” the court said, adding, “the respondents in particular the Secretary to School Education Department, the Director School Education Kashmir and the Jammu and Kashmir Board of School Education are directed to accord provisional recognitions to the petitioners’ schools and also to release registration returns forms (RRFs) in favour of the petitioners’ schools in the manner as used to be provided and extended to the petitioners’ schools prior to the issuance of SO 177 dated 15-04-2022.”