Ghulam Nabi Magray) vs Union Territory Of J&K And Ors on 3 July, 2026

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    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

    SPONSORED

    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:-

    Page |2

    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 |3

    child/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.

    Page |4

    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.,
    Page |5

    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)
    Page |6

    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 |7

    may 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 |8

    involved, 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
    Page |9

    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
    P a g e | 10

    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.

    P a g e | 11

    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 | 12

    Examination, 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 | 13

    petitioner 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



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