Jammu & Kashmir High Court – Srinagar Bench
Burn Hall Hihger Secondary vs Essa Shoaib (Minor) Through His Father on 10 July, 2026
S. No. 109
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Crl R 41/2026 CrlM(1069/2026) CrlM(1070/2026)
BURN HALL HIHGER SECONDARY ...Petitioner/Appellant(s)
SCHOOL
Through: Mr. Zahid Khan, Advocate with
Ms. Sehreen Zehra, Advocate and
Mr. Mehboob Sofi, Advocate.
Vs.
ESSA SHOAIB (MINOR) THROUGH HIS FATHER ...Respondent(s)
Through:
CORAM:
HON'BLE MR JUSTICE SHAHZAD AZEEM, JUDGE
ORDER
10.07.2026
CrlM No.1069/2026
This is an application seeking exemption from placing on record the
certified copy of the impugned order dated 27.06.2026.
For the reasons stated in the application coupled with submissions
made by learned counsel for the applicant/petitioner, the same is allowed
and petitioner is exempted from placing on record the certified copy of the
impugned order dated 27.06.2026. However the applicant/petitioner shall
place on record the same within a period of two weeks.
Application is disposed of.
Crl R No.41/2026 CrlM No.1070/2026
The petitioner has invoked the revisional jurisdiction of this Court
under Section 102 of the Juvenile Justice (Care and Protection of Children)
Act, 2015 [for short ‘the Act of 2015’], challenging the order dated
27.06.2026, whereby the Child Welfare Committee (CWC) Srinagar, has
issued various directions to the petitioner-School Authority.
According to the learned counsel for the petitioner, while passing the
impugned order dated 27.06.2026, CWC has not only exceeded its
jurisdiction, but has also completely violated Sections 29, 30 and 33 of the
Act of 2015.
Learned counsel for the petitioner has relied upon the judgement dated
19.12.2025, passed by the Coordinate Bench of this Court in case titled
“Oasis Girls School Gogjibagh Vs. Ms. XXX(Minor), in support of his
arguments.
Issue notice to the respondents in the main petition as well as in CrlM
returnable within a period of four weeks. Requisites within one week.
List on 19.08.2026.
Meanwhile, subject to objections from the other side and till next date
of hearing before the Bench, the operation of the impugned order dated
27.06.2026, passed by Child Welfare Committee, Srinagar, shall remain
stayed.
(SHAHZAD AZEEM)
JUDGE
SRINAGAR
10.07.2026
Ishaq
