Srinagar, Dec : The future of thousands of students in Jammu and Kashmir is hanging in the balance as the Jammu and Kashmir Board of School Education (BOSE) has refused to accept class 10th examination forms from students enrolled in private schools established on state land.
This move has sparked concerns and raised questions about the Board’s actions in defiance of a High Court order issued last year in reference to the government directive from the previous year
The predicament began after the J&K government in 2022 amended the rules under the Education Act 2002 to provide for fresh guidelines relating to use of land and building structures by private schools in UT of Jammu and Kashmir. The amendments were made by the J&K Lieutenant Governor (LG) in the Jammu and Kashmir School Education Rules, 2010 in exercise of the powers conferred by section 29 of the Jammu and Kashmir School Education Act, 2002.
In wake of this, the J&K government ordered that all those private schools which are established on the state land should close the schooling of the enrolled children with immediate effect. The schools were asked to 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
However, the Private school proprietors collectively approached the judiciary and sought relief from the J&K High Court, securing a stay on the government’s order.
Despite this legal intervention, the refusal by JKBOSE to accept examination forms for class 10th students enrolled in these private schools has thrown the academic aspirations of thousands into jeopardy.
The President Private Schools Association Jammu and Kashmir (PSAJK) G N Var termed the Board action surprising and said that on what grounds JK Board is not accepting the forms of students enrolled in these schools if the High Court has already issued directions to the education department.
“Approximately two lakh students, including orphans and underprivileged children, are enrolled in these schools established on state land,” he said.
He said that the matter was presently Sub judice and the government at this juncture should allow the students of these schools to appear in the annual board exams. “Otherwise, the future of these students will be at stake,” he said.
Notably, Justice Rahul Bharti has already issued the directions to the School Education Department (SED) to release Registration Returns forms (RRFs) in favour of the petitioners’ schools in the manner as used to be provided and extended to the petitioners’ schools prior to the issuance of SO 177 dated April 15 of 2022 and accordingly the respondents are directed to “do as directed.”
The orders were passed after a joint petition was filed by 13 petitioners in High Court seeking relief from the judiciary.
“This Court in the interest of justice and in the context of career of the students admitted and studying in the petitioners’ schools deems it fit and proper to direct the respondents to provisionally accord recognitions to the petitioners’ schools and the respondents in particular the Secretary to School Education Department, UT of J & K, the Director School Education Kashmir and the Jammu and Kashmir Board of School Education are directed to accord provisional recognitions to the petitioners’ schools and also to release registration returns forms (RRFs) in favour of the petitioners’ schools in the manner as used to be provided and extended to the petitioners’ schools prior to the issuance of SO 177 dated 15-04-2022 and accordingly the respondents are directed to do as directed,” reads the High Court order issued by Justice Rahul Bharti.
However, the submission of examination forms for class 10th students commenced on November 29, 2023, but the Board’s refusal to accept them has left students and parents in a state of uncertainty.
A board official admitted that they were not accepting the examination forms of students enrolled in the private schools established on state land.
“The matter is Sub Judice and we are not accepting their exam forms. The higher ups in the Board might have taken up the matter with the administrative department about the issue as it concerns the future of thousands of students,” the Board official told Greater Kashmir.
He however said the students need to be facilitated and should be allowed to appear in the examination. “We can extend the deadline for submission of examination forms but the government should take a call on it,” he said.
An official at the Directorate of School Education Kashmir (DSEK) acknowledged that the J&K High Court issued directions to the government to release the registration forms.
“The administrative department is the respondent number one in the case and we have communicated the developments to them. But there has been no communication in this regard,” the official said, wishing not to be named.
Advisor to J&K Lieutenant Governor Rajiv Rai Batnagar was not available for his comments on the issue.
