Govt grants 'provisional affiliation' to all schools tagged with nearby govt schools in 2023

Srinagar, Oct 10: In a major relief for the private schools, the Jammu and Kashmir Government has decided to grant provisional affiliation to all the schools which were last year tagged with nearby government schools in Kashmir for operating on government land with "expired affiliations".

Last year, the JK Board of School Education (BOSE) tagged "on-roll" students of over 200 private academic institutions of Kashmir with nearby government schools amid the stiff opposition from the private school proprietors.

However, this year, the government, as a one time exemption, has decided to grant the one provisional affiliation to all these schools for JK Board registration of the students from class 9th to 12th respectively.

The circular in this regard has been issued by the Principal Secretary School Education Department (SED) Alok Kumar weeks before his repatriation to his parent cadre. Kumar was relieved from J&K UT on October 10 this year.

"It is hereby notified for the information of all stakeholders that JKBOSE shall grant provisional affiliation, as a one time exemption, to all such schools which are without a valid affiliation, both for the earlier academic session 2023-24 (when they were tagged with the nearby government school) and current academic session 2024- 25, for nonconformity to provisions of SO 177," the SED circular reads.

The SED has further directed the JKBOSE authorities to extend all board related facilities including Registration Return (RR) forms, eligibility, migration and examination to such schools for sessions 2023-24 and 2024-25 for classes 9th to 12th.

"It is clarified that this exemption or provisional affiliation is subject to the decision of the proposed committee to be constituted by the General Administration Department (GAD), as directed by the High Court and may be rescinded if the committee arrives at a contrary decision," the circular reads.

The SED in its circular has stated that the matter was taken up by JKBOSE with both the Directors of School Education in Jammu and Kashmir division but nothing substantial "to resolve the issue seems to have happened so far."

"It is necessitated in the circumstances to take effective steps to safeguard the academic session of the numerous students enrolled in the institutions without valid affiliation," the circular reads.

It reads that the decision to give one time exemption was taken to prevent the possibility of tagging of schools becoming an annual exercise by JKBOSE, till a conclusive decision is conveyed by the proposed Committee to be constituted by the General Administration Department (GAD).

As already reported, last year, the SED by virtue of SO 177 notified on April 15 of 2022, added section 2B to the J&K School Education Rules 2010, mandating that the applications for grant of affiliation and recognition be accompanied by a no-objection certificate regarding land use, issued by the Revenue Department,

"But various school managements in the J&K UT failed to furnish the requisite NoC from Revenue Department and thereby extension in affiliation and recognition in respect of these schools could not be granted," the circular reads.

It reads that in a bid to protect the academic interest of students enrolled in these schools, tagging with the nearby Government schools was implemented as a provisional measure, "In the meanwhile many such schools located on Kahcharaie, State, Shamilat land filed writ petitions in the J&K High court challenging provisions of SO 1 77," it reads.

Notably, the J&K High Court disposed the writ petitions stating that the schools being run on Kahcharie or State land are concerned, the petitioners therein can either acquire the proprietary land and/or approach the respondent-authority (Principal Secretary SED) with their plea as is made by them in their respective writ petition for consideration which can also include the exchange of proprietary land in lieu of Kahcharie/State/Shamlat land, as may be available under and in terms of the Land Revenue Act or any other applicable laws.

"All these applications shall be made by petitioners within four weeks," the SED circular reads while referring to the high court judgment.

The circular reads that post High Court judgment SED received numerous applications from the managements of various schools situated on Kahcharaie, State, Shamilat Land and the matter was taken up with the GAD for constitution of an interdepartmental committee as per the High Court directions issued on August 8 of 2024, to evaluate the claim made in the applications.

"Pending the constitution of a committee  and disposal of applications received in the department, it is imperative that the interests of the students studying in these schools are not adversely impacted," the SED circular reads.