Decided on July 26,1999

Un -Aided Private Schools Federation Appellant
STATE OF JANDK Respondents


DOBIA.J. - (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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