Jammu & Kashmir High Court
Shri Mahavir Jain Higher Secondary vs Ut Of J&K And Ors on 7 May, 2025
Serial No. 95
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 181/2024
CM No. 411/2024
c/w
CCP(S) No. 198/2024
Shri Mahavir Jain Higher Secondary .....Appellant(s)/Petitioner(s)
School Rani Park Jammu Th. Munish
Jain and anr.
Through: Mr. Rahul Pant, Sr. Advocate with
Mr. Rahul Sharma, Advocate
vs
UT of J&K and ors. ..... Respondent(s)
Through: Mr. Bhanu Jasrotia, GA vice
Mr. Raman Sharma, AAG for R-1, 3 to 6
Mr. KDS Kotwal, Advocate for R-2
Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER
07.05.2025
WP(C) No. 181/2024
1. It is submitted by the learned counsel for the petitioners that the order
of this Court dated 05.02.2024 as reiterated through subsequent orders,
more particularly the previous order dated 26.03.2025, has not still
been complied with by respondent Nos. 1, 3 to 6.
2. This Court has in so many interim orders referred to the facts of the
petitioners' case for justifying the passing of the interim orders
regarding according of provisional recognition to the petitioners'
school. It is reiterated that the case of the petitioners in nutshell is that
Shri Mahavir Jain Higher Secondary School, Rani Park Road, Jammu
being run by Sh. Mahavir Jain Educational Society, came to be
c/w
established in the year 1950. That the building for the said institution
constituting the educational wing of Shri Sathanik Vasi Jain Sabha, a
religious and educational body constituted by the members of the Jain
community, came to be constructed on the land acquired by the
petitioners from the Government through lease deed executed on
05.05.1970, which lease was initially granted for a period of 40 years.
That the school was granted recognition and affiliation by the
respondents, which came to be extended from time to time with the
last extension granted by respondent No. 2 on 08.03.2017 for a period
of 5 years i.e. till March, 2022. That the petitioners, before the expiry
of the recognition/affiliation of the school, applied for extension of the
same as per the rules of 2010 and provided all the requisite
information/documents to the respondents but in the meanwhile, the
Government of Jammu and Kashmir issued S.O. 177 of 2022 dated
15.04.2022, providing for certain amendments in the School Education
Rules of 2010, inter alia to the effect of the insertion of provisions
regarding procedure for registration of private schools. That as per the
said rules, No Objection certificate from the Revenue Department,
J&K is needed in respect of the title and use of land, basing the school
premises. That the Revenue Department did not issue the necessary
NOC in respect of the land under the occupation of the school
premises on the ground that the same as per records, is Nazool land
and the validity of the lease has already expired.
3. That in the meanwhile, with the enactment of the Jammu and Kashmir
State Land (Vesting of Ownership to the Occupants) Act, 2001, the
c/w
petitioners applied to the Government for transfer of ownership rights
regarding the lease land, in favour of the Sabha running the school in
question and the Government was pleased to extend the benefit of
legislation by vesting the ownership rights in respect of the lease land
in favour of the petitioner Sabha, which came to be followed by the
attestation of the mutation in the revenue records. However, since the
said legislation was subsequently declared null and void by this Court,
therefore, the ownership entries came to be reversed. That the
petitioners approached the respondents/Education Department with the
stand that since they are lessee of the land and not the encroachers, as
such, until the necessary steps are taken in connection with the
extension of the lease, the necessary recognition/affiliation needs to be
granted as the fundamental right to education of 100's of students on
rolls in the institution is at stake. However the respondents turned deaf
to their legitimate right which prompted them to approach this Court
through the medium of instant writ petition. That this Court vide order
dated 05.02.2024, directed the respondents/Education Department to
accord provisional recognition to the petitioners School in the same
manner as used to have been accorded earlier prior to the issuance of
S.O. 177 dated 15.04.2022. That the respondents/Education
Department have been observing the orders of this Court in breach,
which prompted the petitioners to file a separate contempt petition,
which is also pending disposal.
4. Learned counsel for the petitioner further submitted that the judgment
of this Court passed in a batch of petitions with lead case titled as,
c/w
'Kirmania Model High School Vs. Union Territory of J&K and ors.'
does not restrict or limit the powers of the respondents/Education
Department to accord recognition/affiliation to the school of the
petitioners, under its own facts and circumstances.
5. The respondents have already filed their replies in the matter.
6. The writ petition is admitted.
7. Mr. Bhanu Jasrotia, learned GA appearing vice Mr. Raman Sharma,
AAG waives notice on behalf of respondent Nos. 1 & 3 to 6. Mr. KDS
Kotwal, Advocate waives notice on behalf of respondent No. 2.
8. Counter, if any, shall be filed within a period of four weeks with
liberty to the petitioners to file rejoinder within two weeks thereafter.
9. List on 29.07.2025.
10. In the meantime, the respondent Nos. 1, 3 to 5 are directed to ensure
implementation of the order of this Court dated 05.02.2024 regarding
accord of provisional recognition to the petitioners' school for a
reasonable period of time so that future of the students on the rolls of
the said educational institution is not allowed to be spoiled till the
dispute brought before this Court through the medium of the instant
petition is adjudicated upon. Needless to mention that right to
education is a fundamental right which needs to be safeguarded and
not undermined for want of any legal requirement, which can possibly
be met in due course of the time. The educational institutions and
hospitals having been established and running on the non-proprietary
land since decades cannot be allowed to be closed, without first
exploring a possibility under law for making the said establishment
c/w
legal. The petitioners are advised to approach the Government of
Jammu and Kashmir with the request for extension of the lease hold
rights on some agreeable terms and conditions. Respondent No. 1 shall
submit a status report positively by the next date of hearing.
11. Compliance report has already been filed by respondent No. 2.
12. There is no representation on the part of respondent Nos. 1 and 3
despite service of notices upon them. Let fresh notices be issued to
respondent Nos. 1 and 3 accompanied with the copies of the orders
dated 05.02.2024, 26.03.2025 and also of this order, for filing of
compliance report positively by the next date of hearing. The
petitioners shall take steps within a period of one week for issuance of
fresh notices.
13. This contempt petition is segregated from the main petition in the ends
of justice for facilitating the implementation of the interim orders and
is accordingly directed to be listed on 28.05.2025. It is needless to
mention that this Court shall be constrained to invoke coercive
measures provided under law on the failure of the respondents to
implement the orders of this Court.
(MOHD YOUSUF WANI)
JUDGE
Jammu
07.05.2025
Neha-II
