J&K High Court Upholds Legal Clearances for Private Schools On Government Land

In its ruling, the High Court held that the use of Kahcharie land for private schools without proper authorisation and documentation could not be justified under the current legal regime. The court thus dismissed the petition, upholding the validity of Notification/S.O. 177/2022 and affirming the government's right to enforce the rules aimed at regulating private schools' operations on Kahcharie land.

Srinagar:The High Court of Jammu & Kashmir and Ladakh delivered a significant ruling on Thursday, affirming that private schools operating on Kahcharie land without proper authorisation are violating legal standards. The case involved Kirmania Model High School in Batwina, Ganderbal, which has occupied Kahcharie land since 1984. The institution challenged government notification SO 177/2022, arguing that the directive was unconstitutional and imposed unreasonable restrictions on their operational rights. The notification requires private schools to provide proof of land ownership or valid lease agreements.

Acting Chief Justice Tashi Rabistan, who presided over the case, supported the government's stance. “Schools cannot operate on government or common land without the requisite legal clearances,” Justice Rabistan emphasised. He highlighted that the 2022 notification’s amendments were designed to enhance transparency and prevent unauthorised use of Kahcharie land by private entities.

In his observations, Justice Rabistan noted the significant evolution in the legal landscape for educational institutions since the establishment of Kirmania Model High School. “The legal framework governing educational institutions has evolved considerably since the school’s inception. The J&K School Education Act of 2002 mandates strict compliance with current regulations, including proof of land ownership or valid lease agreements, for official recognition and affiliation,” he stated.

Justice Rabistan also addressed the petitioner’s argument that their long history of operation should exempt them from the new regulations. “Adherence to the current legal standards is crucial,” he remarked. “The objective of these regulations is to ensure that all educational institutions operate within the bounds of the law and contribute to a transparent and equitable education system.”

The court’s decision dismissed Kirmania Model High School’s petition, reaffirming the government’s authority to regulate Kahcharie land use and enforce the 2022 notification’s provisions. This judgment is expected to prompt rigorous verification of land records for all private schools in Jammu & Kashmir.

The 53-page ruling addressed a case involving 58 petitions, among them Kirmania Model High School. The petitioners, comprising several private schools and their governing bodies, contested the government, the primary respondent. They were represented by Z. A. Shah, Senior Advocate, alongside Asif Feroz Bhat. The respondents, including the Union Territory of Jammu and Kashmir, were represented by Mohsin Qadiri, Senior Assistant Advocate General, with Maha Majeed providing assistance.