High CourtsSingle Bench(2024) 03 J&K CK 0020

Al Gani International Islamic Institute ( Sr Citizen) vs Union Territory Of J&K & Ors

Jammu And Kashmir High Court · Decided on 18 March 2024

HON’BLE JUDGES
Rajesh Sekhri, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 527 Of 2014, Civil Miscellaneous No. 1412 Of 2024

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Judgment

7 paragraphs · 403 words

Rajesh Sekhri, J

1.

The case set out by the petitioner is that respondent No.3-Chief Education Officer, Kupwara, on the recommendation of Principal Boys Higher Secondary School Hatmulla and Zonal Education Officer, Khumeriyal, accorded sanction in his favour for opening a private school under the name “Al Gani International Islamic Institute at Gagal, Lolab upto 3rd Primary till December, 2018. The school came to be upgraded upto primary level by respondent No.3, vide Order dated 20th July, 2018. Petitioner also obtained registration under J&K Shops and Establishment Act, 1966 in terms of Order dated 20th July, 2018.

2.

It is further case of the petitioner that since school at Gagal was running in a rented accommodation and he had constructed a school building on his proprietary land measuring 02 kanals covered under Khasra No. 1018 situate at Wavoora Lolab falling in Zone Sogam, therefore, he applied for shifting of the school to the said place, which sanction was granted in his favour and school came to be shifted from Gagal Lolab to Wavoora Lolab, subject to the petitioner fulfilling the parameters of the recent instructions issued by the Administrative Department. It is also case of the petitioner that on re-opening of the school at its new location i.e. at Wavoora Lolab on 04.03.2024, after winter vacations, the class work in the school started and annual examination schedule for the students from 1st to 5th was notified by the school management.

3.

Grievance of the petitioner is that on some false complaints filed by private respondents, he was verbally directed by respondent No.4- Deputy Chief Education Officer, Kupwara to close the operation of the school.

4.

Although, petitioner has assailed inaction on the part of the official respondents on various grounds urged in the memo of petition, however, Mr. Sheikh Manzoor, learned counsel for the petitioner has submitted that he shall be contended, if respondents, at this stage, are prohibited from causing unwarranted interference in the ongoing Annual examination of the students for which notification has already been issued.

5.

In view of limited submission made by learned counsel for the petitioner, present Writ petition is disposed of with a direction to the respondents not to cause any interference in the smooth functioning of the petitioner-school otherwise in due course of law and respondents are prohibited from causing any interference in the smooth conduct of ongoing Annual examination of the students.

6.

Disposed of.