Thursday, February 9, 2023

Jammu and Kashmir HC disposes of PIL against private schools’ admission policy

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The Jammu and Kashmir High Court disposed of a Public Interest Litigation (PIL) seeking a direction to the official respondents to evolve policy of admissions in private schools which
should be fair and just for the economic and social status of the society.

The PIL has been filed by one Kaiser Ahmad Bhat as petitioner-in-person.

The counsel appearing for the Union of India submitted that there is the National Education Policy, 2020, already in place issued by the Government of India and it takes care of all matters relating to admissions in private schools and, as such, no further policy is required
to be formulated.

The petitioner accepted that a very good policy has been framed by the Government but still private schools are behaving in an arbitrary and illegal manner. It has been pointed out that the aforesaid policy has not been implemented or enforced.

Hakim Suhail Ishtiaq, counsel appearing for respondent Authority, submitted that some of the private schools have adopted the policy but others have to follow it.

While considering the PIL, the Division Bench of Chief Justice Pankaj Mittal and Justice Javed Iqbal Wani observed that the issue of illegal behaviour of some of the schools is distinct and unconnected with the subject matter of the PIL which can be raised independently by the persons aggrieved.

In view of the above, the Bench disposed of the petition filed in public interest with the expectation that the respondent-Government shall ensure uniform implementation of the above policy by all private schools.

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