'Implement directions, close unregistered coaching centers'

'Implement directions, close unregistered coaching centers'

It said that in case of failure, contempt proceedings will be initiated against the committee on next date of hearing.

The Jammu and Kashmir High Court on Tuesday directed the three-member panel headed by divisional commissioner Kashmir to implement the court order of December 30, 2014, directing closure of unregistered coaching centers in Kashmir.

It said that in case of failure, contempt proceedings will be initiated against the committee on next date of hearing.

The direction came after the division bench of Justice Muzaffar Hussain Attar and Justice J R Kotwal observed that on December 30, 2014, the court had directed the Divisional Commissioner Kashmir to close all unregistered coaching centers/tuition centers wherever functional in Kashmir Division saying this direction has not been complied with till date.

To secure the interests of children who are studying in the unregistered coaching centers, the court today directed their owners or authorized persons not to operate their bank accounts which stand in their names.

Observing that the interest of children who are future of the nation is dearer to all and have to be secured at all cost, the court said it is constrained to pass the aforesaid directions to ensure that noble service of teaching is not reduced to mere commercial activity.

The court however made it clear that its direction on the closure of unregistered coaching centers shall be applicable to coaching/tuition centres which remained unregistered till the issuance of order dated 30 December, 2014, and not to those who those who have applied for renewal of their registration.

“The application, if any, filed by the coaching centers for registration in accordance with the rules and government order prior to the issuance of the court order dated 30th December 2014 shall be considered by the competent authority and necessary orders passed within 10 days from the date copy of this order is served,” the court said.

The competent authority, the court said, shall also consider applications of those coaching centre that have filed application for renewal of their registration within 10 days from the date the order is furnished.

Observing that all the coaching centers and tuition centers functioning in the Kashmir Division have not filled undertakings in keeping with its orders, the court asked the committee to file compliance report before the next date of hearing.

In order to verify the undertakings on 2010 Rules filed by the coaching centers before the Registrar Judicial, the court constituted a two-member panel of retired Principal District and Sessions Judges– Ghulam Mohi-ud-Din Dar and Abdul Wahid- to verify the same.

Seeking its report before the next date, the court asked the committee to inspect all the coaching centers and find out as to whether the undertakings given in the court are correct and in line with the J&K Regulation of Private Tuition Centers 2010.

The court asked its registry to provide copies of the undertakings of the coaching centers and their list to the committee members.

Meanwhile each coaching centre functioning in district Srinagar has to deposit Rs 10000 each, coaching center operating from other districts of Kashmir Valley has to deposit Rs 7000 with Registrar Judicial within 10 days which shall be paid to the members of the committee in equal share.

Seeking the panel report within two weeks, the court directed Divisional Commissioner Kashmir to provide vehicle to the members of the committee for conducting inspection of the coaching centers.

While the court authorized the members of the committee to conduct the inspection either collectively or individually, it said that at the time of inspection the chairman of the Coaching Centers Association or his representative shall be associated with the inspection/verification.

Meanwhile the court extended the directions of order dated 30th December 2014 to the coaching centers of Jammu Division also. 

Seeking his compliance report by the next date of hearing, the court directed the Divisional Commissioner Jammu to comply with the order dated 30th December 2014.

“A similar committee for Jammu Division shall stand constituted as has been constituted in terms of order dated 30th December 2014 and all the directions issued therein shall be complied with by the committee,” the bench said.

While the court asked the coaching centers functioning in Jammu to file undertakings in the light of order dated 30th December 2014 before the Divisional Commissioner Jammu within 10 days time, the Div Com Jammu has to notify the order to all the coaching centres/tuition centres operating in Jammu Division.

The coaching centers are represented by advocates Javed Iqbal and Nasir Qadri.