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| HC directs State not to insist on compliance | | Private Schools Association challenges SRO 123 | | Jammu, June 19 (JNF) : Justice Hasnain Massodi today directed the Education Department not to insist on compliance of impugned SRO 123 of 2010 dated March 18, 2010 for the current session. The direction was passed in a petition filed by Private Schools Association (Jammu Province) through its President Kamal Gupta and 21 others challenging the SRO 123. The SRO, the Association believes was unreasonable, unjustified, and discriminatory and imposes restrictions on renewal/ grant of permission for running the private schools.
The Court after hearing Senior Advocate DC Raina assisted by Advocate A Verma appearing for the petitioners whereas Deputy AG Shaista Hakim appearing for the State Education Dept observed that respondents though given an opportunity to file their reply to the petition more than once, have chosen not to oppose the same at least at the admission stage. On May 28, 2012, while respondents were given one more opportunity to file response to the writ petition, it was made clear that in case of failure on their part to file response, the application for grant of stay shall be taken-up irrespective of the fact whether respondents file response or not.
When case was taken up for consideration, the petitioner drew the attention of the court to the last order passed and the Court after considering the arguments of Senior Counsel appearing for the petitioners observed that against the said back drop, application for grant of stay is thus considered and respondents are directed not to insist on the compliance of impugned SRO 123 of 2010 by the petitioners' school for the current session. Pertinently SRO 123 has been issued by the Education Dept on March 18, 2010 whereby strict norms have been prescribed for regulating the private schools and according to the petitioners these norms should be applied to those schools which are being established after coming into force this SRO and should not be made applicable to more than 100 private schools which are operating from more than 20 to 30 years back in rural and urban part of Jammu province. |
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