UN-AIDED PRIVATE SCHOOLS Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Un -Aided Private Schools
STATE OF JANDK
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G.D.SHARMA, J. -
(1.) THE petitioners herein run un -aided private schools in the capacities shown in the title of the petition. They have prayed for
quashing of Govt. Orders No. 121 -Edu of 1998 dated 22.1.98 and No.
314 -Edu of 1998 dated 2.3.98. Further relief for quashing all consequential and incidental order passed thereunder has also been prayed.
(2.) THE petitioners have averred that by passing the above said orders the Govt. has completely over -hauled the schemes of the
examinations of 6th, 8th, 9th, 10th and 11th classes. These schemes have
been attached as annexures A, B and c and are known as "Continuous and
Comprehensive evaluation schemes." These Schemes were formulated by the
J&K State Board of School Education after comprehensive study done by the
experts in the respective fields of education and they were made
applicable to all types of schools which consist of schools run by the
Govt., private schools aided by the Govt. and un -aided private schools.
These schemes are aimed to promote talent in the students in conducting
the examinations through internal examiners. The schemes had been
yielding good results but the impugned orders will have the tendentious
effect of prohibiting the concerned subject teachers to be members of the
supervisory staff of the examinations as well as Evalutors. The orders
make it compulsory for a student to repeat the class and no provision has
been kept for re -evaluation of the papers. In order to qualify for class
9th examination, it is required to obtain 33% marks in any four subjects contrary to the requirement of the schemes where this percentage was
compulsory in respect of three subjects only. Exorbitant examination fee
has been prescribed which is beyond the capacity of an ordinary student.
Unauthorised persons were associated when fee structure was fixed vide
(3.) RESPONDENTS No.1, 3, 4 and 5 in their objections have taken preliminary objection regarding the maintainability of the writ petition.
They have pleaded that petition could not be filed on behalf of
Federation which is not registered recognised body. On facts it is
pleaded that the orders are valid as the Govt. under section 10 of the
J&K State Board of School Education Act, 1975 (hereinafter to be referred
as Act) had the power to pass them. They have improved the schemes in
question by ensuring uniformity in the examinations and providing
Respondent -2 in the objections has pleaded that petitioners have no legal or fundamental right to challenge the orders.;
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