Jammu & Kashmir High Court – Srinagar Bench
Ghulam Nabi Magray) vs Union Territory Of J&K And Ors on 3 July, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
Page |1
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM No. 3771/2026 IN
WP(C) No.133/2026
CM No. 272/2026
CM No.3795/2026
JAMIAT US SUALIHAAT
(through its Administrator
Ghulam Nabi Magray)
...Petitioner(s)
Through: Mr. Yawar Ramzan, Advocate.
Vs.
Union Territory of J&K And Ors.
...Respondent(s)
Through: Mr. Mohsin Qadri, Sr.AAG with
Ms. Maha Majeed, Assisting Counsel.
Mr. M.I. Dar, Advocate.
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
03.07.2026
1. Before this Court comes to refer to the directions of the
Hon’ble Supreme Court of India which has come to be issued
the attending adjudication of this Writ Petition, a recapitulation
of operating facts is essential to be put-forth.
2. The petitioner-JAMIAT US SUALIHAAT, Marhama Bijbehara,
an entity without any legal introduction and purportedly acting
through its administrator-Ghulam Nabi Magray, came forward
with institution of present writ petition taking place on
29.01.2026 naming five(5) respondents by reference to whom
the following reliefs are being sought, which are reproduced
as under:-
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A. Issue writ, direction or order in the nature of
Certiorari for quashing the Public
Notice/Communication dated 21.01.2026
(Annexure-I) issued by Respondent no.5 –
Deputy Secretary General, J&K Board of
School Education, Kashmir Division Bemina
Srinagar.
B. In consequence thereof, the Petitioner school
be allowed to continue, manage the school
without any interference of any kind
whatsoever in pursuance of the Judgment
dated 08.08.2024 passed by this Hon’ble Court
in WP(C) No.1465/2022 titled Jamiat us
Sualihaat v/s UT of J&K and Ors. (Annexure-
IX).
3. Accompanying the writ petition is an application CM
No.272/2026 also filed on 29.01.2026 wherein the petitioner is
seeking the following interim reliefs:
A. Pending the decision in the main petition, stay
the operation of the Impugned Public
Notice/communication dated 21.01.2026
(Annexure-I) issued by the Respondent no.5
Deputy Secretary General, J&K Board of
School Education Kashmir Division, Bemina
Srinagar.
4. The impugned Public Notice issued by the Deputy Secretary,
General KD bearing No. F(Gen-B)KD/26 dated 21.01.2026 is
reproduced hereinunder:-
“It is hereby circulated for information of
all stakeholders that school namely
Jamiat-us-Saulihaat located at Marhama,
Bijbehara, Anantnag is no longer on the
active affiliation of JKBOSE, as such,
public in general and parents in particular
are advised to desist from admitting their
children to classes 9th to 12th, in the said
school.
Anyone defying the instructions issued
under this notice or admitting his/her
Page |3child/children in the said school shall do
so at his/her own risk and responsibility
for which JKBOSE shall not be held
responsible.
Sd/- Deputy Secretary, General KD”
5. In the writ petition the operative factual statement is to an
effect and extent that a deputation of village Marhama led by
Local and Central Auqaf Committees had approached
Tehsildar Bijbehara for permission to construct a public school
on “Shamilat land” in possession of Auqaf and in response
whereupon Tehsildar concerned visited the spot with revenue
records and gave confirmation and verification of the spot near
Government Higher Secondary School Marhama under
Survey No. 4683 min measuring 15 kanals recorded as
“Shamilat Kahcharai” land which was also said to be already
in possession of local Auqaf whereupon the plantation was
said to have been done by local Auqaf Committee.
6. Tehsildar concerned, further, is said to have reported to the
Deputy Commissioner, Anantnag in terms of his report No.
1183/OQ dated 15.02.2011 that it is the local Auqaf
Committee which had decided to construct a school building
on the said “Shamilat Kahcharai” land which is already in
possession of local Auqaf Committee and that the people
especially Zamindars’ of village Marhama were in favour of
construction of a school building, whereas already established
Government Higher Secondary School Marhama and
Government SSA School are there on the same land vicinity in
possession of sufficient land for their needs.
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7. Thus, a recommendation was made by Tehsildar Bijbehara for
issuance of ‘NOC’ in favour of the Inhabitants of village
Marhama through Local/Central Auqafs to be granted
permission for construction of a school building upon the land
under Survey No.4683 min measuring 15 kanals recorded as
“Shamilat Kahcharie”.
8. Without any pleading to the effect as to when the school
building came to be constructed, by whom, at whose expense,
and also who was the promoter of building up of the school
building and how Local and Central Auqaf Committees came
to be vested with authority of recommendation in the matter of
using “Shamilat land” for private school establishment, the
petitioner is referring in the writ petition that the school came
up in the year 2014 for girls from 9th to 12th Class.
9. In the name of recognition what is being cited latest is only
Order No. 71-Gen of 2021 dated 31.07.2021 followed by a
Government Order No. 1706-Edu of 2021 dated 15.12.2021
for the period of five years w.e.f., November, 2020 to
October, 2025.
10. In the writ petition purported reference to the mention of the
petitioner’s school bearing in Government Order No. 111-Edu
of 2017 dated 09.03.2017 is being made to show that the
school is affiliated and approved by J&K Board of School
Education.
11. In terms of Government Order No. 111-Edu of 2017 dated
09.03.2017, the recognition to the petitioner’s school was from
November 2015 up to October 2020 in a phased manner i.e.,
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classes 9th to 12th from academic session 2015-2016 and said
affiliation was in terms of the Order No. F(Aff-Gen) KD/A-270
dated 08.03.2017. Government Order No. 111-Edu of 2017
dated 09.03.2017 was issued by the School Education
Department, Government of UT of J & K.
12. Before coming forward with the present writ petition, the
petitioner had preferred on an earlier occasion a writ petition
WP(C) No. 1465 of 2022 then acting through purported
administrator- Mohammad Yousuf Zagoo as against the
present administrator -Ghulam Nabi Magary.
13. In said writ petition WP(C) No.1465 of 2022, the petitioner
had asked for quashment of recommendation of the Director,
School Education, Kashmir made to the School Education
Department, Government of J & K which recommendation was
adverse to the continuity and existence of the petitioner’s
school as an institution and further solicited a mandamus for
being allowed to continue/manage the school without any
interference on the basis of the recognition given vide Govt.
Order No. 1706-Edu of 2021 dated 15.12.2021.
14. In said writ petition WP(C) No. 1465 of 2022, quashment of
Notification No. F(Gen.AFF/offline/B-JK/2022 dated
16.04.2022 and Circulars No. F(Gen-B)KD/22 dated
22.04.2020 and F(Gen-B)KD/22 dated 13.05.2020 was also
sought to be quashed along-with SO 177 dated 15.04.2022
whereby the Education Rules of 2010 came to be amended.
15. Said writ petition WP(C) No.1465 of 2022 came to be
clubbed with a bunch of writ petitions with lead case WP(C)
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No.3250 of 2023 with petitioner’s writ petition WP(C) No.
1465 of 2022 figuring at Serial No.viii, and the all clubbed
petitions came to be disposed of by virtue of a common
judgment dated 08.08.2024 passed by the learned Writ Court.
16. By reference to the petitioner’s said writ petition WP(C)
No.1465/2022, the learned Writ Court in its common judgment
dated 08.08.2024 came up with the specific reference that the
claim of the School is that it is running on “Shamilat Land”.
17. The learned Writ Court, by an overall assessment of all the
cases, came up with the following conclusions and the
consequent directions:
“35. Almost, all that was required to be
discussed, observed, viewed and opined
has already been done hereinbefore while
disposing of the aforementioned writ
petition, WP(C) no.3250/2023. In that writ
petition, the petitioner has acquired
proprietary land.
35.1. Insofar as the other writ petitions,
where the schools are being run on
Kahcharie/State/Shamilat etc. land are
concerned, the petitioners therein can
either acquire the proprietary land and/or
approach the respondent-authority
(Principal Secretary to Government,
Department of School Education, U.T. of
J&K/J&K Board of School Education) with
their plea as is made by them in their
respective writ petitions for consideration
which can also include the exchange of
proprietary land in lieu of
Kahcharic/State/Shamilat etc, land, as
Page |7may be available under and in terms of
the Land Revenue Act or any other
applicable law(s). All these
requests/applications shall be made by
petitioners within four weeks from today.
Principal Secretary to Government,
Department of School Education, U.T. of
J&K/J&K Board of School Education, on
receipt of such application(s), shall
decide the same either himself/itself or by
constituting a Committee, comprising of
senior officers of the School Education
Department/J&K Board of School
Education, Revenue Department or any
other department(s) as may be thought
appropriate by him/it, and get such
applications decided within four months.
While doing so, the petitioner(s) shall also
be heard.
35.2. It is made clear here that in the event
any of the writ petitioners makes the
same proposal as has been made by the
petitioner in WP(C) no.3250/2023, such a
case will be governed and regulated by
the directions passed hereinabove in
WP(C) no.3250/2023. Till then petitioner(s)
be permitted to run the school(s) provided
they are able to do so having regard to
change of circumstances during
pendency of instant matter as the
students studying in those schools have
been shifted to other schools.
35.3. With regard to the writ petitions/cases, where
Kahcharie/State/Shamilat land etc. is not
Page |8involved, they (writ petitioners therein)
can also approach Principal Secretary to
Government, Department of School
Education, U.T. of J&K/J&K Board of
School Education, with their
request/plight within four weeks from
today. On receipt of such application(s),
he/it shall either himself/itself decide or
get such application(s) decided through
the Committee, to be constituted by
him/it, within a period of four months and
while doing so, petitioner(s) shall also be
heard. Till then petitioner(s) be permitted
to run the school(s) provided they are
able to do so having regard to change of
circumstances during pendency of instant
matter as the students studying in those
schools have been shifted to other
schools.
35.4. Disposed of as above along with
connected CM(s).
35.5. In view of above, the proceedings
are dropped and contempt petitions are
closed.”
18. In the writ petition WP(C) No. 1465 of 2022, the petitioner
was on record pleading that the school premises is situated on
“Shamilat” Section 04 (Kahcharie) land under Khasra No.
4638 measuring 36 kanals as per the information given by the
Deputy Commissioner concerned.
19. Coming to the present writ petition, the purported cause of
action is being related to issuance of Public Notice dated
21.01.2026 thereby declaring that the petitioner’s school is no
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longer on active affiliation of JKBOSE and, therefore, advising
the General Public not to admit their wards in classes 9th to
12th of said school. The petitioner intends to get said Public
Notice set aside.
20. In the entire writ petition alongwith annexures, there is no
reference as to which Management Committee of the School
is running day to day affairs of School and its assets and
properties, and how come Ghulam Nabi Magary, self-
proclaiming himself to be an administrator, has ventured to file
writ petition on the purported authority of Resolution No.
ADM-JUS/Jan/26 dated 22.01.2026 which does not even
disclose the identity and particulars of persons who are
signatories thereto and their status viz-a-viz Management
Body.
21. Be that as it may, on the very first date of hearing before
the Bench on 31.01.2026, there was none present from the
end of the petitioner.
22. On the next date of hearing on 02.02.2026, this Court,
bearing concern to the matter in issue, solicited immediate
response from the respondent No.4- J&K Board of School
Education through its Chairman as to the reason for non-
extension of affiliation of the petitioner’s School, without
putting the writ respondents to notice.
23. This Court, in terms of order dated 05.02.2026, then
registered its displeasure with respect to the response
submitted by Mr. M.I.Dar, learned counsel for J & K Board of
School Education, who came to state that the affiliation of the
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schools in the context of controversies is to be dealt with by
the Government and not by the J & K Board of School
Education.
24. This Court, in terms of an order dated 05.02.2026, directed
presence of Secretary, J & K Board of School Education for
the purpose of furnishing requisite information desired by the
Court, who came to cause his virtual hearing presence in
terms of proceedings of order dated 06.02.2026 whereupon
this Court directed personal appearance of Secretary, J & K
Board of School Education for 10.02.2026 on which date said
Secretary was present in person and his presence was
dispensed with for the time being and record of WP(C) No.
1465 of 2022 was directed to be tagged with the present file.
25. On 13.02.2026 and 17.02.2026, there was no appearance
on behalf of the respondents and finally on 23.02.2026 this
Court directed issuance of notice to all the five writ
respondents, for which notice came to be waived by Mr.
Mohsin Qadri, learned Sr.AAG on behalf of the respondents
No. 1 to 3 and by Advocate Mr. M.I.Dar on behalf of the
respondents No. 4 & 5 – J & K Board of School Education.
26. Reply was directed to be filed before next date of hearing
i.e., 27.03.2026 and in the meantime, by purported reference
to representation of the petitioner which is said to have been
submitted before the respondents, pendency of the writ
petition was held not to come in the way of the official
respondents in considering said representation of the
petitioner.
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27. In the meantime, on behalf of respondent No.4-J&K Board
of School Education, Srinagar, reply/objections to the writ
petition came to be filed.
28. It is order dated 23.02.2026 so passed by this court that
came to be questioned in a Special Leave Petition (C) No.
10342 of 2026 before the Hon’ble Supreme Court of India.
29. In the proceedings before the Hon’ble Supreme Court of
India, by reference to the aforesaid SLP(C) No.10342 of
2026, Chairman J & K Board of School Education, in response
to the order dated 04.06.2026 passed by the Hon’ble Supreme
Court of India came forward with an affidavit stating therein
that registration forms of fifty (50) students of class 9th of the
petitioner’s school accompanied with the deposit of requisite
fees of said students has been accepted and processed for
registration purposes for enabling issuance of registration
numbers to said number of students for acceptance of their
forms by the J & K Board of School Education, who, therefore,
need not to re-register themselves or file fresh registration
forms and would be facilitated for taking examinations of
classes 10th , 11th and 12th after following due procedure.
30. The Hon’ble Supreme Court of India, by virtue of an order
dated 20.03.2026, came to dispose of the SLP(C) No. 10432
of 2020 in terms of the following directions:-
“4. In view of the fact that the institution
run by the petitioner is under an
obligation to submit applications in
respect of class IX for the academic
session 2025-2026 who are likely to
appear in the Annual Regular
P a g e | 12Examination, 2026 of Class X by 24th
March, 2026, we permit the petitioner to
submit all such requisite documents by
24th March, 2026 before the appropriate
authority offline, if the said application
cannot be submitted online. If submitted
offline, the documents shall be
considered in accordance with law. This
arrangement shall, however, be without
prejudice to the rights and contentions of
the parties in the pending writ petition
and abide by the result thereof.
5. The special leave petition is disposed
of with a request to the learned Judge of
the High Court of Jammu & Kashmir and
Ladakh to explore the desirability of
deciding the writ petition finally after
hearing commences on 27th March, 2026.
Should the writ petition be not heard
finally or decided anytime soon, the
petitioner shall be at liberty to seek
further interim relief from the High Court
which may be considered on its own
merits.
6. If an approach is made by the petitioner
to submit the requisite
forms/applications, the competent
authority of the Jammu and Kashmir
Board of School of Education shall
receive the same.
7. We clarify not having expressed any
opinion on the merits on the case since
the writ petition is pending. All
contentions of the parties may now be
raised before the High Court.
8. Pending application(s), if any, shall
stand disposed of.”
31. Contempt Petition(C) No. 280 of 2026 in SLP(C)
No.10342 of 2026 came to be disposed of in terms of the
order dated 05.06.2026 with the following observations:-
“3. The contempt petition stands
disposed of with the observation that the
P a g e | 13petitioner shall be at liberty to raise all
points and contentions in the pending
writ petition or any freshly filed writ
petition, if at all there be any impediment
in respect of students admitted in the
other classes to take the Board
examination.
4. Pending interlocutory application(s), if
any, shall stand disposed of.”
32. It is in the backdrop of the aforesaid outcome of the matter
before the Hon’ble Supreme Court of India that the present
writ petition is coming forth for today’s proceedings.
33. The petitioner at its end in the meantime has come up with
an application CM No. 3771 of 2026 filed on 24.06.2026,
therein asking for the following reliefs:-
” a. Pass an Ad-interim direction for
immediate reactivation/release of the
deactivated Student Registration Portal,
enabling uninterrupted academic and
administrative functioning of the
Applicant/petitioner institution.
b. Allow the Applicant institution urgent and
full access to the official portal, so that
statutory compliances, student-related
updates, and time-bound submissions of
Annual Board examination forms are not
adversly affected.
c. Grant temporary restoration of services
on an interim basis, pending final
verification or adjudication, in the larger
interest of students academic welfare and
institutional continuity.”
34. Application CM No.3771/2026 seeking the above referred
reliefs cannot admit of the ex-parte indulgence and disposal,
therefore, reply/objections from the end of respondents No. 2
and 4 is essentially required, as such, time is granted for
P a g e | 14
respondent No.2-Director School Education, Kashmir to come
forward with reply to the writ petition as well reply/objections to
CM No.3771/2026 and CM No.272/2026 both filed by the
petitioner for seeking interim relief/directions.
35. Since reply to the writ petition from the end of the
respondent No.4- J&K Board of School Education, Srinagar
has come forward, so let reply to CM No.3771/2026 be filed
positively by next date of hearing.
36. In the meantime, this Court calls upon Ghulam Nabi
Magray, self-proclaimed administrator, to come forward with
full disclosure of the management committee of the school of
the petitioner and also as to the fact whether said
management committee is duly recognized by the Director
School Education Kashmir, Chief Education Officer Anantnag
or the J&K Board of School Education Srinagar. Said Ghulam
Nabi Magray is also directed to state it on affidavit as to
whether the petitioner’s school is a trust/society in terms of its
entity status so as to have a right to invoke article 226 of the
Constitution of India.
37. List this matter again on 21.07.2026.
( RAHUL BHARTI )
JUDGE
Srinagar
03.07.2026
Muzammil. Q
