J&K’s private schools on State land can continue operations through land exchange, rules High Court

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Ziraat Times
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SRINAGAR, Aug 9: In a major development, J&K High Court on Thursday  directed that private schools run on State land can exchange the same with their proprietary land in order to run their educational institutions.
Acting Chief Justice Tashi Rabstan decided a batch of petitions filed by the educational institutions after they were asked to submit NOCs of land use of their educational institutions by the Board of School Education (BOSE) for submission of forms for their students.

Dozens of private  schools filed petitions against the validity of SO 177 issued in 2022 by the Government in exercise of its statute, which requires private schools to submit NOC from the Revenue Department regarding land use including documents relating to possession of the land required for building, playground for seeking registration and extension of registration.

The court said as far as the institutions/ schools run on Kahcharie, State, Shamilat etc, land are concerned, the schools therein can either acquire the proprietary land or can approach the Principal Secretary to Government, Department of School Education or BOSE with their plea as is made by them in their respective writ petitions for consideration which can also include the exchange of proprietary land in lieu of Kahcharie, State, Shamilat etc. land, as may be available under and in terms of the Land Revenue Act or any other applicable laws.

“All these requests and applications, court added, shall be made by them within four weeks from today and Principal Secretary to Government, Department of School Education or BOSE, on receipt of such applications, shall decide the same either himself or by constituting a Committee, comprising of senior officers of the School Education Department/J&K Board of School Education, Revenue Department or any other departments as may be thought appropriate by him, and get such applications decided within four months. While doing so, the petitioners shall also be heard.”

The court، with regard to the writ petitions and cases, where Kahcharie, State or Shamilat land etc. is not involved, said, they can also approach Principal Secretary to Government, Department of School Education and BOSE, with their request or plight within four weeks from today.

Court said that on receipt of such applications, he shall either himself decide or get such applications decided through the Committee, to be constituted by him, within a period of four months and while doing so, petitioners shall also be heard.

“Till then petitioners be permitted to run the schools provided they are able to do so having regard to change of circumstances during pendency of instant matter as the students studying in those schools have been shifted to other schools”, read the order.

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