SRINAGAR: In a significant ruling, the Jammu and Kashmir High Court has ordered the removal of all private schools, including those operated by Jamaat-e-Islami, that have been built on encroached state land.
Over 200 schools, including 134 run by Jamaat-e-Islami since the early 1990s, had filed petitions challenging the validity of SO 177, a government order issued in 2022. This order requires private schools to obtain a No Objection Certificate (NOC) from the Revenue Department regarding land use, including proof of legal possession of the land used for school buildings and playgrounds, as a prerequisite for registration and renewal.
In April 2022, the Jammu and Kashmir School Education Rules, 2010, were amended through SO 177, mandating private schools seeking registration to provide NOCs issued by revenue authorities. These amendments also empowered the government to take over the management of schools and barred staff and teachers from claiming regularization if such a takeover occurred.
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Following these amendments, the government issued multiple notifications requiring schools to comply with the new regulations. The J&K Government has decided to close down all non-compliant schools and relocate students to nearby government schools that operate within legal parameters.
The judgement ordered by Acting J&K Chief Justice Tashi Rabistan (a copy of which is available with The New Indian) said “ the use of “Kahcharie” land (common grazing land) for purposes other than what it was intended for, stating that such land is meant for common use and cannot be diverted for private purposes.”
The court emphasized that while there may have been exceptions made in the past for landless labourers, members of SC/ST communities, or existing public utilities like schools or dispensaries, private schools do not fall within these exceptions.
In response to arguments from petitioners that existing school infrastructure on Kahcharie land is crucial for educational activities, the court stated that private schools cannot be equated with government schools. Allowing private schools to operate on such land, the court warned, would only encourage further misuse of common land for private gain.
Addressing the petitioners’ claim that using Kahcharie, Shamilat Deh, State, or Auqaf land for private unaided schools established by local communities serves the public interest, the court remarked that education is essential for humanity, as recognized by all religions.
However, the court urged individuals who wish to contribute to education to establish schools on their own land or self-acquired property and provide free education. The court was particularly critical of the use of common land for private purposes, calling for such practices to be dealt with firmly.
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Emphasizing that all religions advocate for the necessity of education, the court stated: “If an individual wishes to contribute to society, they should establish a school on their land or on land they have acquired, and provide free education.”
The court expressed surprise that land designated for grazing and other communal purposes was being utilized by certain individuals for personal and private gains.
“Such actions must be dealt with firmly,” the court declared.
In response to whether the long-standing recognition and affiliation of private unaided schools imply government approval for their establishment on Kahcharie land, the court stated: “Private schools should never have been allowed to be established or continue on Kahcharie or common land by the authorities at that time, and this practice must be halted by the government.”
The court also directed the government to cease granting affiliation or recognition to private schools operating on Kahcharie land.
The court further held that the State has a responsibility to safeguard, protect, and preserve Kahcharie and State land for its intended purposes.
“No individual or group should be allowed to derive special benefits from such property at the expense of the broader public interest,” the court ordered.