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J&K high court orders closure of unauthorised private schools
9/14/2006 9:52:37 PM
Srinagar | September 14

Jammu and Kashmir High Court has directed the police to ensure closure of all non-registered and unauthorised private schools in the state.

Taking a strong exception of the refusal by two police officers to register a case against such schools, the Division Bench comprising Chief Justice Bashir Ahmad Khan and Justice Bashir Ahmad Kirmani threatned to proceed against them.

The bench has directed in the case of PIL Forum V/S State of Jammu and Kashmir and others, the Education Director of Kashmir valley and Jammu region to file fresh status reports indicating latest position of such private schools and whether the ban order was being enforced by them. They have further been directed to constitute inspection teams, enforce the ban order and launch appropriate proceedings against defaulters.

The two directors are also supposed to apprise the Court about steps taken by them to comply with Court directions regarding prescribing a uniform dress code, regulation of any fee structures and service conditions of teachers and other staff in all private schools.

''We have also not been able to gather the explanation about refusal to register FIRs by Station Hhouse Officers(SHO) of police station Srigufwara in Anantnag District and Channapora in Budgam district,'' the bench said.

It further said that though it is for the SHOs concerned to proceed under law, while taking cognizance in respect of complaints lodged, but it is not understandable how the two SHOs could decline to entertain official complaints lodged by Education department for registering FIRs in implementation of orders passed by this Court.

Accordingly, notice shall be issued to SHOs of both the Police Station asking them to show cause, why they be not proceeded against for non compliance of Court orders for their alleged refusal to register complaints on request of Education department and also, to show what steps they had taken to enforce the Court orders followed by Education department’s requests for closure of such private schools in their respective areas of jurisdiction.

The court directed Senior Superintendents of Police of all districts alongwith their subordinate police officers to ensure that closure orders passed by Education department pursuant to orders of this Court for closing down such private schools were being strictly implemented.

In case any such school was found functioning in violation of Court orders, it would entail action under law against the concerned police officers under whose jurisdiction such violation was committed.
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