Authorities have directed the officials of School Education Department (SED) of Kashmir valley to close schooling in those private schools that are operating on state or kahcharai land.
Besides, the authorities have also directed that the students in such institutions shall be accommodated in nearby government schools, subject to the consent of their parents.
Chief Education Officer (CEO) Ganderbal, Abdul Majeed said that he has received the list of 18 private schools in the district that are operating on State or kahcharai land.
“These schools include some higher secondary schools, high schools and primary schools. Approximately 3000-4000 students would be enrolled in these institutions,” he said.
The CEO of frontier district Kupwara, Abdul Hamid Fanie said that he has received a list of 30 to 40 registered private schools that were operating on State or kahcharai land.
Fanie said, “We already closed some schools and approximately 2500-3000 students studying in these institutions would be shifted to nearby government or private schools, subject to the consent of their parents.”
Likewise, in central Kashmir’s Budgam district, the CEO has received a list of 50 private schools that were operating on State or kahcharai land.
In the meantime, CEO Budgam in a notice has said, “In the backdrop of directions of higher authorities, all the HoDs of such private schools of operating on State or kahcharai land are directed to close the schooling of the enrolled children with immediate effect and issue the school leaving certificates in favour of their respective students so that they will be accommodated in nearby government schools, subject to the consent of their parents in this regard.”
Similarly, in south Kashmir’s Pulwama district, nearly 82 private schools were operating on state or kahcharai land with more than 6000 enrolled students followed by 33 schools in Anantnag district with approximately 2500-3000 enrolled students.
On 15th April 2022, Principal Secretary, School Education Department, B K Singh in a notification has said that in exercise of the powers conferred by section 29 of the Jammu and Kashmir School Education Act, 2002, the Lieutenant Governor had made amendments in the Jammu and Kashmir School Education Rules, 2010 regarding the land use issued by the Revenue Department, Government of Jammu and Kashmir.
According to the notification, in rule 4, after sub-rule (2A), the sub-rule (2B) shall be added wherein the application shall be accompanied by no-objection certification regarding land use issued by the Revenue Department, Government of Jammu and Kashmir “Documents relating to possession of the land required for building, playground, etc, in case the applicant is the owner or a lease deed with a minimum period of 10 years, in case a private school is proposed to be run in a rented land/building
Documents as mentioned in clause (I) and (II) above in case of a private school already established, shall be produced within a period as may be prescribed by the Government
In rule 4, sub rule (3), after clause (b), the clause that should be added states that a committee as may be constituted by the Director School Education concerned may inspect the land records of all private schools at any time.”
Rule 9 shall be omitted and in Rule 12, in sub-rule (I), after the word, ‘de-recognize’, the words, ‘de-recognize’, and take over its management or both shall be substituted.
In rule 12, after sub-rule (I), the following shall be added as sub-rule (2);
“(2) In cases, where the management of any schools is taken over by the government under sub-rule (I), the teachers or the staff working in these schools shall have no right or claim of regularization in the department or government,”
On April-16, JKBOSE said, “All the heads of the private academic institutions of Jammu and Srinagar divisions of UT of JK and Leh district of UT of Ladakh who have applied for grant of affiliation or extension of affiliation or up-gradation and addition of stream through offline mode up to July-31-2021 before switching over to the online mode are informed to submit a no-objection certificate regarding land use to be issued by the revenue department of within seven days positively from the date of issuance of this notification.”
BOSE has said that it was in response to the communiqué issued by the Principal Secretary, School Education Department related to amendments in the Jammu and Kashmir School Education Rules, 2010.