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1999 Supreme(J&K) 34

G.D.SHARMA
Un-aided Private Schools – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: H.C. Jhalmeria
Advocate For Respondent: D.S. Chouhan
Advocate For Respondent: D.S. Thakur

G. D. SHARMA J.

1. The petitioners herein run un-aided private schools in the capacities shown in the title of the petition. They have prayed for quashing of Govt. Orders No. 121-Edu of 1998 dated 22.1.98 and No. 314-Edu of 1998 dated 2.3.98. Further relief for quashing all consequential and incidental order passed thereunder has also been prayed.

2. The petitioners have averred that by passing the above said orders the Govt. has completely over-hauled the schemes of the examinations of 6th, 8th, 9th, 10th and 11th classes. These schemes have been attached as annexures A, B and c and are known as "Continuous and Comprehensive evaluation schemes." These Schemes were formulated by the J&K State Board of School Education after comprehensive study done by the experts in the respective fields of education and they were made applicable to all types of schools which consist of schools run by the Govt., private schools aided by the Govt. and un-aided private schools. These schemes are aimed to promote talent in the students in conducting the examinations through internal examiners. The schemes had been yielding good results but the impugned orders will have the tendentious effect of prohi












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