By way of background, APS had been granted recognition by way of a government order in 1994 to operate on the Kahcharai land.
The school initially had students from nursery to class 5 levels, but eventually graded up and had students up to class 8 without any government objection.
The recognition accorded to the school was extended on various occasions by the Jammu and Kashmir government, including in 2000, 2003, 2007, 2010, 2015 and 2018.
In 2022, the Jammu and Kashmir High Court issued Statutory Order No. 177 (SO 177) under Section 29 of the Jammu and Kashmir School Education Act, 2002, which amended the Jammu and Kashmir School Education Rules, 2010.
The amended rules required a school seeking recognition to also submit a no-objection certificate (NOC) regarding land use.
When APS applied for an extension of recognition under the amended rules, it came to be known that this NOC was not granted since the land on which the school was functioning was Kahcharai land.
This prompted the school to approach the High Court for relief. In its plea, the school also challenged SO 177.
APS argued that the denial of an extension of recognition would force the school to shut down and adversely affect students.
Source: Barandbench
