High Court directs Govt to set up Degree College at Aishmuqam

Srinagar, Dec 11: The High Court of Jammu and Kashmir and Ladakh has directed the government to set up the Degree College at Ashmuqam in District Anantnag in keeping with the recommendations by two expert committees’ constituted for the purpose.

In an apparent reproach over the prolonged delay for the college to come up, a bench of Justice Wasim Sadiq Nargal termed the case it decided, “a stark example of how indecision, litigation, and administrative inconsistency could inflict unintended yet severe harm upon the public at large.”

“While the damage already inflicted cannot now be undone, this Court cannot but express the pain and concern it has felt while dealing with a matter where the ultimate sufferers have been the students,” the court said.

In 2018, the Government Degree College proposal at the very embryonic stage was mired in litigation after the residents of two villages- Siligam and Ashimuqam- petitioned the High Court to get the college in their villages. The roots of the controversy lie in the year 2012, when the then Government initiated a process for the establishment of the College at Aishmuqam following the recommendations of a related committee.

In a representation filed by the residents of village Siligam, Adhard, Dangerpora, Fohar Seer Hamdan and other adjoining settlements sought to establish the college at Village Siligam. In response to the representation, the competent authority sanctioned the Degree College to be set up at Siligam.

In High Court, the residents of Aishmuqam filed a petition in 2018 challenging Government Order No. 300-HE of 2018 dated 24.04.2018, whereby sanction was accorded for the establishment of a Government Degree College at Siligam.

Subsequently, in 2020, the residents of Siligam petitioned court calling in question Communication dated 21.11.2019 issued by the Principal, Government Degree College, Uttersoo, requesting the Chief Education Officer, Anantnag, to provide accommodation for establishing a Government Degree College at Aishmuqam.

This communication formed the foundation of the consequential directive issued by the Deputy Commissioner, Anantnag on 26.11.2019, whereby the Sub-Divisional Magistrate, Pahalgam, had been mandated to identify suitable accommodation at Aishmuqam for the establishment of the College.

Allowing the Aishmuqam residents’ plea, the court directed the government to establish the Government Degree College at Aishmuqam in accordance with the consistent recommendations the two expert committees constituted for the purpose and the stand taken by the Government in both the petitions filed.

The court directed the government to implement the “direction” with utmost expedition, keeping in view the educational loss suffered by the student community over the past decade. “The Court makes it clear that no further delay shall be countenanced,” it said.

“Had the project proceeded unhindered, the College would have been operational long ago, providing substantial educational and developmental benefits to the region,” the court said.

The Court observed that public authorities, before embarking on litigation or maintaining adversarial positions, must exercise restraint and adopt decisions grounded in public interest and expert inputs.

“Likewise, courts must remain judicious and miser in granting interim relief in matters involving public infrastructure and welfare schemes. Interim orders should be timebound, and matters of such public significance must be adjudicated with urgency to prevent stalling of projects essential for societal progress.”

The Court said: “While this Court cannot undo the hardship already endured, the present case must stand as a cautionary reminder.”

Noting that the Government’s wavering approach has resulted in a loss which cannot be compensated, the court said: “The issue that should have been resolved with promptness and clarity at the executive level has instead led to prolonged and unnecessary litigation.”