BRENG PUBLIC SCHOOL BINDOO Vs. STATE

JUDGEMENT

(1.) Petitioner has set up an Educational Institution in village Bindoo, Tehsil Kokernag. The petitioner is aggrieved of the order dated 25th October, 2012, whereunder respondent No. 3 has issued sanction for grant of provisional recognition in favour of the respondent No. 5-Institution, to impart education to the students up to class 3rd Primary till ending December, 2013. The recognition is subject to fulfillment of formalities as provided in SRO. 123 of 2010 dated 18th March, 2010. Respondent No. 5 has filed reply affidavit/objections. Official respondents have not filed objections.

(2.) Learned counsel for the petitioner submitted that official respondents are duty bound to comply with the terms and conditions contained in Notification/SRO 123 : /2010 dated 18th March, 2010. Learned counsel submitted that in terms of Rule 3(I) of the Jammu and Kashmir School Education Rules, 2010, for opening of Primary School and Upper Primary School, distance is to be maintained from each other with particular regard to the topography and terrain of an area. Learned counsel submitted that in the present case the respondents have not complied with this particular Rule and provisional recognition has been granted for opening of the school which is at the distance of Kilometer from that of the petitioner's school. Learned counsel referred to the report of the Zonal Education Officer dated 9th November, 2010, in which objection was raised about the opening of school by the respondent No. 5.

(3.) Mr. Alla-ud-Din, learned counsel for respondents 1 to 4 submitted that in order to generate healthy competition amongst Educational Institutions and provide quality education, the provisional recognition has been granted for opening of school to respondent No. 5. Learned counsel submitted that it is primarily duty of the official respondents to ensure that quality education is provided to the students of the area. Learned counsel submitted that the official respondents have not violated the statutory rules.