UN-AIDED PRIVATE SCHOOLS FEDERATION Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Un -Aided Private Schools Federation
STATE OF JANDK
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(1.) THE appellants in this appeal are running private schools. They are aggrieved of the orders passed by the State Government. One of such
order bears No. 121 -Edu of 1998 dated 22 -01 -1998. By this order a scheme
has been prepared for conducting examinations for class VIII Standard.
(2.) THERE is another order issued on 02 -03 -1998. This deals with conducting examination with regard to class IX and class X Examinations.
There is yet another order by which the fee structure is sought to be
regularised. Communication in the shape of a notification was issued on
26 -09 -1998.
(3.) THE appellants felt aggrieved. They preferred writ petition in this court. The writ petition stands dismissed. They have come in appeal
under clause 12 of the Letters Patent.
Learned counsel for the appellants submits that there is an Act by the name of the Jammu and Kashmir Board of School Education Act 1975.
It is submitted that in terms of section 3 of the Act the State
Government can take action only if advise is received from the Board of
School Education. It is accordingly submitted that the communications
which have been issued are in breach, of the provisions of section 3 of
the Act referred to above. In addition to this it is urged that a scheme
has already been prepared by the Board so far as the scheme for class VI
to VIII is concerned, this has been placed on the record. Similar scheme
prepared for class IX and X has also been placed on the record. It is
submitted that the instructions/notifications referred to above which
have now been issued, are contrary to the scheme which has been
formulated by the J&K Board of School Education. Specific challenges
which have been made are as under:
i) that in the scheme which was originally framed there was
special emphasis to reduce the importance of external examiners;
ii) that the advice is supposed to be given by the Board was not
available with the State and as they have acted without obtaining any
advice, therefore, the action of the Government in issuing the
notification is null and void.;
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