Citation : 2026 Latest Caselaw 583 J&K/2
Judgement Date : 10 February, 2026
Regular list
Sr. No. 22
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 2571/2025
CM(6820/2025
AL-GANI INTERNATIONAL ISLAMIC INSTITUTE.
..... Petitioner(s)
Through: -
Mr. Sheikh Manzoor, Advocate with
Mr. Shabir Ahmad, Advocate.
V/s
UNION TERRITORY OF J AND K AND ORS.
..... Respondent(s)
Through: -
Mr. Alla-ud-din Ganai, AAG.
HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE (ORDER) 10.02.2026.
1. Facts emerging from the record available on the file based upon
which the petitioner herein has prayed for the reliefs in the instant
petition are that the petitioner herein established a private School
in a far-flung area of Lolab Valley for providing quality education
to the poor and downtrodden children after having retired from the
Education Department and in this regard approached the
respondent 3 for necessary permission/registration and after
completing the requisite necessary formalities, sanction came to be
granted for opening and running of the School, initially up to 3 rd
primary level whereafter on account of encouraging response from
the inhabitants of the area, the petitioner sought up-gradation of the
School up to primary level (5th Class) which as well came to be
granted by the respondents vide order dated 20th July, 2018, though
subject to obtaining of registration under J&K Shops and
Establishment Act, 1966, which the petitioner as well obtained and that since the School in question was being run and operated in
a rented premises and on account of dearth of space, though the
petitioner constructed a new School building on his proprietary
land situated at Wavoora Lolab falling under Education Zone
Sogam, as such, the petitioner sought permission from the
respondents for shifting of the School from Gagal Zone
Khumriyal to Wavoora Zone, Sogam, without seeking any change
in the name, nomenclature and governing body of the School
which permission came to be granted on 5 th January, 2024, by the
respondents after seeking necessary requisite (NOC's) as well as
requiring the petitioner to fulfill various formalities and that
however, after shifting of the School in the month of March, 2024,
the petitioner was called by the Deputy Chief Education Officer
upon a visit to the School and directed to close the School alleged
that the same is being run without being any formal written order
granted in favour of the petitioner, aggrieved whereof, the
petitioner filed WP(C) No. 527/2024, before this Court which the
petition came to be disposed of on 18th March, 2024, with a
direction to the respondents not to interfere in the ongoing
examination conducted by the School, conducted in the petitioner-
School and that thereafter, the respondents without assigning any
reason removed the name of the petitioner-School from the U-
DISE, an official website maintained by the respondents serving
as the official recognition of the Schools, as a result whereof, the
academic certificates could not be issued in favour of the students
by the School and despite making repeated requests and demands
in this regard, the respondents did not restore the U-DISE Code to the petitioner-School, thereby adversely afftected the running and
operation of the School, compelling the petitioner to approach this
Court through the medium the instant petition.
2. Objections have been filed to the petition by the respondents
wherein the respondents inter-alia have stated that the petitioner-
School though have had been provided U-DISE access under
Code 01010700616, initially however, upon shifting of the
School, the said code was closed in zone Khumriyal where the
petitioner-School was initially being run and that the new code
could not be allotted on account of shifting of the School and also
due to non-fulfillment of various requisite formalities.
Heard learned counsel for the parties and perused the record.
3. According to the counsel for the respondents, in the event
petitioner-School fulfils and complies with the all necessary
requisite formalities required for allotment and operation of U-
DISE code, which the petitioner despite repeated reminders fails to
fulfil, the case of the petitioner would be considered and a decision
thereof taken in accordance with law.
4. The counsel for the petitioner is not averse to the submission of all
necessary requisite documents inasmuch as, fulfilling all
formalities by the petitioner-School as is proposed by the counsel
for the respondents in this regard.
5. Having regard to the case set up in the instant petition by the
petitioner, reply filed thereto by the respondents as well as
aforesaid submissions made by appearing counsel for the parties,
the instant petition is taken up for disposal with the consent of
appearing counsel for the parties and is, disposed of with a direction to the respondents to accord effective consideration to
the case of the petitioner-School as projected in the instant petition
subject of course upon fulfilment and adhering of all necessary
requisite formalities by the petitioner-School in this regard.
6. Disposed of along with connected CM(s).
(Javed Iqbal Wani) Judge
SRINAGAR 10.02.2026 "Abdul Rashid"
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