| Case ID |
175e69b6-2366-49d9-8b10-dd85c018d03f |
| Body |
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| Case Number |
Writ Petition No. 2144 of 2012 |
| Decision Date |
Sep 10, 2014 |
| Hearing Date |
|
| Decision |
The writ petition was accepted, quashing the impugned order that shifted the Girls Primary School from Ninga Pani Nariyola to another location. The court directed the respondents to ensure the school functions at its original site and mandated the teacher to resume duties immediately, failing which disciplinary action would be taken against her. The decision emphasized the importance of adhering to the lawful orders and notifications regarding the establishment and location of educational institutions. |
| Summary |
The case revolves around a writ petition filed by the inhabitants of Village Ninga Pani Nariyola against the District Education Officer for the shifting of a Girls Primary School established by the government in 1976. The petitioners contended that despite multiple reports and applications regarding the non-joining of duties by the assigned teacher, no action was taken by the education authorities. The court found that the shifting of the school violated the Azad Jammu and Kashmir Interim Constitution Act, 1974, particularly Section 44, which governs educational institutions. The High Court ruled in favor of the petitioners, reinforcing the right of the local community to have their school operational at its designated location. This case highlights issues of educational administration, accountability, and community rights in the context of public schooling in Azad Kashmir. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
M. TABASSUM AFTAB ALVI, J
|
| Lawyers |
Sajid Hussain Abbasi
|
| Petitioners |
Inhabitants of Village Ninga Pani Nariyola, District Bagh
|
| Respondents |
3 others,
District Education Officer (Female), Bagh, Azad Kashmir
|
| Citations |
2015 SLD 306,
2015 PLC 330
|
| Other Citations |
Muhammad Rashid v. Azad Jammu and Kashmir Government and 20 others PLD 1987 SC (AJ&K) 60,
Azad Government and 3 others v. Abdul Ghaffar Butt and 2 others 2000 SCR 250,
Mst. Kanza v. Judge Family Court, Lahore and another 2003 YLR 2356
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
44
|