Srinagar: The High Court of Jammu & Kashmir and Ladakh on Thursday directed that schools being run on other than private property can either acquire the proprietary land for the exchange in lieu of school land.
Disposing of various petitions, the Chief Justice (Acting) Tashi Rabstan, said all the schools who had petitioned before the Court have been asked to submit their applications to the government within four weeks.
“All these requests / applications shall be made by petitioners within four weeks from today.
Principal secretary to Government, Department of School Education, UT of J&K / J&K Board of
School Education, on receipt of such application(s), shall decide the same either himself / itself or by constituting a Committee, comprising of senior officers of the School Education
Department / J&K Board of School Education, Revenue Department or any other department(s) as may be thought appropriate by him / it, and get such applications decided within four months. While doing so, the petitioner(s) shall also be heard,” the Court order read while disposing of the bunch of petitions.
Replying to a query “whether the existence of the school infrastructure on Kahcharie land is relevant for the purposes of carrying out the educational programme and activities”, the Court said: ….A private school in any manner cannot be treated and deemed as a government with connected matters school. So, existence of a private school infrastructure on Kahcharie land if permitted to operate, run, and continue, will only encourage unscrupulous elements to make use/misuse of such instances/examples to grab Kahcharie / common land.”
The court said the clear-cut directions of the Supreme Court in Jagpal Singh (v. State of Punjab and others, (2011) 11 SCC 396) deprecate the practice of usage of Kahcharie land for any other purpose.
Kahcharie land, the court said, is meant for a particular purpose, that is, for common purpose, which cannot be permitted to be deviated.
“It is true that regularization in exceptional cases might have been given but that does relate to landless labourers or members of SC/ST or where there is already a school, dispensary or other public utility on the land,” the court said, adding, “With respect to the petitioner-school, it cannot be said to be a public/government school but a “private school” and, therefore, does not come and fall within the ambit of exceptional cases.”
The court also noted that all religions say that education is must for human being. “If an individual wants to do a good for human being, let him/her establish a school on his/her proprietary land or on a self acquired land and provide free education,” the court said, adding, “It is startling that the land meant for grazing and/or common purpose is being utilized by certain individuals for personal/private purpose. Such acts should be dealt with iron hands.”
Over 100 private schools were grappling to keep their registrations intact after the Jammu &
Kashmir administration’s rules of April 2022 which directed the Revenue Department to identify those schools built on the land other than private property for de-registration by the Education Department.
“Where the schools are being run on Kahcharie / State/ Shamilat, etc., land are concerned, the petitioners therein can either acquire the proprietary land and / or approach the respondentauthority (principal secretary to government, Department of School Education, UT of J&K / J&K
Board of School Education) with their plea as is made by them in their respective writ petitions for consideration which can also include the exchange of proprietary land in lieu of Kahcharie /
State/ Shamilat, etc., land, as may be available under and in terms of the Land Revenue Act or any other applicable law(s),” the order read.
With regard to the writ petitions / cases, where Kahcharie / State/ Shamilat land, etc., is not involved, they (writ petitioners therein) can also approach principal secretary to government,
Department of School Education, J&K / J&K Board of School Education, with their request / plight within four weeks from today, the Court said.
“On receipt of such application(s), he / it shall either himself / itself decide or get such application(s) decided through the Committee, to be constituted by him / it, within a period of four months and while doing so, petitioner(s) shall also be heard. Till then, petitioner(s) be permitted to run the school(s) provided they are able to do so having regard to change of circumstances during pendency of instant matter as the students studying in those schools have been shifted to other schools,” the order read.

KR Desk