Aparna Ett and Research Institute Miran Sahib R S Pura Th Kunal Saini v. U T of J and K Th Principal Secretary School Education Deptt and Others

O R D E R

29.12.2023

Heard learned counsel for the petitioner and learned counsels appearing for respondents 1, 3 & 4.

¶2Considering the nature of the case, we are of the view that the present petition can be disposed of at this stage without issuing notice to the respondents. The plea of the petitioner is that the petitioner has been running the institutions under the name of Aparna Ett and Research Institute, Miran Sahib, R. S. Pura for imparting elementary teachers course now named as Diploma in Elementary Education (D.El.Ed) for more than one and half decades as per the relevant norms as were applicable in the erstwhile State of Jammu & Kashmir. However, after the re-organization of State of Jammu & Kashmir in the year 2019, the norms came to be changed and these came to be governed by the norms and standards of National Council for Teacher Education (NCTE). Since, there were certain differences in the norms, these were considered by the NCTE, and the NCTE had been exempting these

institutes which have been granted affiliation by the erstwhile authorities. In the present case, the petitioner had submitted application for grant of affiliation for the session 2023-2025, however, the respondent No. 04 - J&K Board of School Education vide letter dated 12.12.2023 informed the petitioner that the concerned sub-committee found certain deficiencies because of which affiliation could not be granted. The petitioner claims that pursuant thereto the petitioner had removed the deficiencies which would entitle the petitioner for the grant of affiliation. Unfortunately, respondent No. 04 has not done anything towards it and the petitioner has been compelled to approach this Court.

¶3It has been submitted by Mr. Nitin Bhasin, learned counsel appearing for respondent No. 04 that according to the Notification dated 02.07.2018 issued by the Government of Jammu & Kashmir, School Education Department which lays down the norms for grant of affiliation, it has been provided in Para 4(b) thereof which provides for inspection procedure wherein it has been mentioned that if such deficiencies have been rectified, the respondent No. 04 shall constitute an inspection committee within 10 days and submit a report within 15 days of the appointment of the committee and the competent authority shall examine the report so received and take a final decision thereon within a period of 30 days. Under the circumstances, it has been submitted that since the petitioner had rectified the deficiencies with the board, the respondents may be directed to constitute a committee in terms of the aforesaid notification dated 02.07.2018 and inform the decision to the petitioner. In view of the innocuous prayer made by the petitioner, we dispose of the petition with a direction to respondent No. 04 to re-constitute a committee to examine whether the petitioner has rectified the deficiencies

and necessary decision shall be taken with regard to the application for affiliation of petitioner's institution for the academic session 2023-2025. It goes without saying that if the petitioner is aggrieved by the decision taken by the J&K Board after inspection of the institution, the petitioner shall be at liberty to approach this Court again. Accordingly, the petition is disposed of with the above observations and directions.

(M. A. CHOWDHARY) (N. KOTISWAR SINGH) JUDGE

CHIEF JUSTICE

SRINAGAR

29.12.2023 Aamir

Sr. No. 13 Suppl. List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) 3265/2023 CM(7908/2023) APARNA ETT AND RESEARCH INSTITUTE MIRAN SAHIB R S PURA TH KUNAL SAINI …Petitioner(s)/appellant(s) Through: Mr. Nitin Bhasin, Advocate Vs. U T OF J AND K AND OTHERS ...Respondent(s) Through: Mr. B. S. Bali, Advocate for R 4 Mr. Sumeet Bhatia, Advocate for R 1 Ms. Saliqa Sheikh, Advocate for R 3 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE