The court also granted week’s time to the Division Commissioner and other authorities to file a compliance report to its order on December 30.
The Jammu and Kashmir High Court on Tuesday directed Divisional Commissioner Kashmir to close all coaching centres in the Valley if they fail to file an undertaking within three days in compliance to its directions issued on December 30 last year.
In terms of the December 30 order, all tuition-coaching centres functioning in Kashmir Division were directed to file an undertaking before the Registrar Judicial of the court within seven days indicating therein that they will comply with the mandate contained in Jammu and Kashmir Regulation of Private Tuition Centres Rules of 2010 and the directions by the Court.
“Except Crescent Classes Coaching Centre, Professor Colony NaseemBagh Srinagar, Brilliant Coaching Centre (BCI) Chadoora and Institute of Pure and Applied Sciences Noorbagh Srinagar, no other coaching centre has filed the requisite undertaking,” observed a Division Bench comprising Justice MuzaffarHussain Attar and Janak Raj Kotwal while hearing a Public Interest Litigation.
“In the aforesaid fact situation, the court is left with no option but to pass coercive orders,” the court said.
At this stage, Advocate Nasir Qadri, representing Coaching Centres Association Kashmir, submitted that the requisite undertaking will be filed before the Registrar Judicial within three days.
“We allow the prayer and give further three days to him for complying with the aforesaid Court Order. In case the court order is not complied with, within three days and requisite undertaking is not filed before the Registrar Judicial, the Divisional Commissioner, Kashmir shall close all the erring coaching centres,” the court said.
The court asked the Registrar Judicial to inform the Divisional Commissioner after three days as to how many coaching centres have filed the undertaking to enable the Authority to close other coaching centres till further orders.
Meanwhile, the court also granted week’s time to the Division Commissioner and other authorities to file a compliance report to its order on December 30.
“More than one month has passed, but nothing is brought to the notice of the Court as to how and in which manner the Court directions, contained in Order dated 30th December, 2014, have been implemented,” the court said.
The court had passed slew of directions, observing that the issue involved in the PIL was of significant public importance.
“We are constrained to place on record our anguish about the conduct of the Authorities. However, before proceeding against the Authorities, we give them last opportunity to file compliance report.”
The direction was passed by the court after Additional Advocate General R A Khan, submitted that compliance report will be filed during the course of week.
Among other directions, the court on December 30 had directed authorities to constitute a committee comprising Divisional Commissioner Kashmir, Director School Education Kashmir and Inspector General of Police Kashmir and had asked it to function till the Competent Authority and Monitoring Committee under J&K Regulation of Private Tuition Centres Rules of 2010 are appointed by the government.
The bench, however, had made it clear that in case the Competent Authority and Monitoring Committee stand already appointed, the committee constituted by it shall function till further direction from the court comes to give effect to the Rules of 2010.
While the committee has been directed to see if CCTV cameras were installed in the areas where the coaching centres are functioning, it was also asked to ensure presence of policemen in the areas where the coaching centres are located.
The court asked the committee to immediately direct all Deputy Commissioners of Kashmir division to visit tuition centres along with all Chief Education Officers of the respective districts to find out as to whether appropriate facilitates in terms of the Rules of 2010 are being provided to the students or not.