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2016 Supreme(J&K) 262

JAMMU & KASHMIR HIGH COURT
Ali Mohammad Magrey, J.
Advocate S.H. Thakur - Appellant
Versus
State & Ors. - Respondent
OWP No. 1428/2016 MP No. 01/2016
Decided On : 06-12-2016

Advocates:
For the Appellant :Mr. S.H. Thakur, Advocate.
For the Respondents: Mr. A.M. Mir, Dy AG for 1 to 4 and 6 Ms. Shahzana Durrani, Adv. vice Mr. Z.A Shah, Sr. Adv. for 5.

PIL should be aimed at redressal of genuine public harm and discouraged petitions filed for personal gain or extraneous motives.

Headnote:

PIL - Education Fee Collection - Jammu and Kashmir School Education Act 2002, SRO 123 of 2010 - The court discussed the provisions of the Jammu and Kashmir School Education Act 2002 and SRO 123 of 2010, emphasizing the role of parents in school affairs and the prohibition of fee collection during school closure. The court highlighted the exploitation of parents by private schools and the failure of the fee fixation committee to regulate fee collection. The judgment emphasized the importance of PIL being aimed at redressal of genuine public harm and discouraged petitions filed for personal gain or extraneous motives.

Fact of the Case:

The petitioner, a lawyer, filed a writ petition claiming relief against the collection of fees by private schools during a period of school closure, citing exploitation of parents and the failure of the fee fixation committee to regulate fee collection.

Finding of the Court:

The court found that the petitioner's personal interest in the matter rendered the relief claimed in the writ petition ineligible, as it was projected as a public interest litigation (PIL). The court emphasized that PIL should be aimed at redressal of genuine public harm and discouraged petitions filed for personal gain or extraneous motives.

Issues: The main issue was the eligibility of the petitioner's relief claimed in the writ petition, given the personal interest involved and the requirement for PIL to address genuine public harm.

Ratio Decidendi: The court held that the petitioner's personal interest rendered the relief claimed in the writ petition ineligible as a PIL, emphasizing the need for PIL to address genuine public harm and discouraging petitions filed for personal gain or extraneous motives.

Final Decision: The writ petition was dismissed due to the petitioner's personal interest and the ineligibility of the relief claimed as a PIL, with the court emphasizing the importance of PIL being aimed at redressal of genuine public harm and discouraging petitions filed for personal gain or extraneous motives.

JUDGMENT

1. Petitioner a practising Lawyer of this Court has filed the instant writ petition claiming the following reliefs:

“i. One in the nature of certiorari, quashing the announcement made by the respondent No. 5 as President of Private Schools Association for the collection of the fee from month of July 2016 till date without authority, illegal, unfair and against the mandate of law and direct the official respondents to issue an order for directing the private schools not to charge any fee from the students from 9th July till the schools will resume the normal functioning;

ii. One in the nature of Mandamus, commanding the State respondents to implement the SRO 123 dated 18.03.2010 Education Department in letter and spirit and seek the compliance report of the same from the respondents and allow the parents to participate in the managements of the private educational institutes as prescribed under rules for the betterment of the children;

iii. One in the nature of continuing Mandamus, commanding the chairman fee fixation committee respondent No. 4 to issue necessary order on the subject of the collection of the tuition fee for the period when the private schools have remained defunct and issue necessary direction for performing its function as early as possible for the betterment of one and all. Further respondents No. 47 be directed to submit the report of his activities carried out from the date the respondent No. 5 has assumed this office and the particularly the step-s taken by the committee with regard to the exploitation of the parents by Missionary and private schools with regard to present episode which has come to surface from July 2016.

iv. One in the nature of Mandamus, commanding the state respondents to take approached legal action against the private respondent No. 5 for committing the multiple offences against the students and the administration of the school run by him shall be taken over by the government fore with so that children and the immoral behaviour of the private respondent No. 5 and file compliance report before the Hon’ble court by or before next date of hearing.

v. One in the nature of mandamus, commanding the respondents to furnish the information of the decision taken by the respondent No. 6 with regard to the private schools for the collection of the fee from the parents the Students studying therein, and till same is done no person shall be authorized to collected the tuition fee and bus fee during the turmoil period.”

2. Petitioner has admitted his individual interest with reference to his children studying in Missionary Private School Srinagar, however pleaded the cause of public with reference to exploitation of parents by the school management in connection with the School Education Affairs of their children which as per petitioner, has compelled him to file the present Writ Petition. Paragraph 21 of the writ petition being relevant is extracted as under:

“21. That the petitioner like other parents has been subjected to the mental assault, humiliation, economic exploitation by the respondent jointly and severally both in the school and the through media just for the simple reason that the petitioner has taken note of the grievances of the parents and have gathered the courage to curtail the exploitation of the missionary and private school management thus the petitioner shall be encouraged for doing this social service.”

3. Petitioner has pleaded the cause of General Public in the shape of PIL with reference to the pleadings in paragraphs 4, 5, 6, 8, 9, 10, 11, 13, 16, 17, 18, 19, and 20, which are extracted as under:

“(4.) That the petitioner is educated middle aged responsible citizen who is alive to his own causes and the causes of the society and general public, whose chi9ldren are studying in the private educational institution and who have been exploited by the school management in connections with the education affairs of her children and the has been forced by the prevailing high handedn





















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