EDUCATION

SYSTEM IN J&K.
By Janees Rafiq
L1801
11800151
 As RTE does not apply to the state of
J&K, the education system in the state is
governed by
“Jammu And Kashmir School
Education Act, 2002.”
 Jammu and Kashmir School Education Act, 2002
(Act No. 21 of 2002, w.e.f. 17.5.2004 vide SRO 138,
dated 17.5.2004)
SOME IMPORTANT PROVISIONS:

• Received the assent of the Governor on 21st April, 2002 and published in
Government Gazette dated 23rd April, 2002.
• An Act to provide for achieving the goal of universalization of elementary
education and to provide for better organization and development of
school education in the state.
• Be it enacted by the J&K State Legislature in Fifty-third Year of the
Republic India as follows:-
• (1) This Act may be called as Jammu and Kashmir School Education Act,
2002.
• (2) It shall extend to the whole state of J&K.
• (3) It shall come into force on such date as the Government may, by
notification in the Government Gazette, appoint.
• 3. Application of the Act – The provisions of this Act shall apply to all schools
in the State.
• 4. Compulsory education up to class eight- The Govt. shall provide for free
and compulsory education for children up to the level eight throughout the State
within a period of ten years from the commencement of this Act and for this Act
and for this purpose it shall take appropriate steps to provide the necessary
facilities.
• 5. Establishment of schools- The Govt. may, for the purpose of providing
adequate facilities for school education;
• (a) establish and maintain schools; and
• (b) permit any educational agency to establish and maintain private schools.
• 6. Manner for establishing and running Govt. schools- The Govt. shall, by
notification in the Government Gazette, stipulate the manner in which Govt.
schools shall be established and run.
• 7. Local Area Education Committee and its functions- (1) The Govt. shall, in
such manner and for such period, as may be prescribed, constitute a Committee,
to be called the Local Area Establish Committee, for each Panchayat Halqa,
Town Area, Notified Area and Municipal ward for implementing of the
provisions of this Act regarding compulsory education up to the level of class
eight.
• (2) The functions of the Local Area Education Committee, shall be:-
• (a) to cause to be prepared a list of children in the concerned Panchayat Halqa,
Town Area or Municipal Ward, as the case maybe, and the list revised at such
intervals as may be prescribed;
• (b) to take such measures as may be necessary to ensures the attendance of
children in schools;
• (c) to notify the parent of each child that he is under an obligation to ensure
the attendance of his child at a school on and from the date specified in the
notice; and
• (d) to carry out such other functions as may be prescribed.
• 8. Obligation of guardian to send children to school- The parent of every
child shall cause the child to attend the school, whether Govt. or private,
and also ensure that such child completes the full course of elementary
education, unless there be a reasonable cause for his non-attendance within
the meaning of section-10.
• 9. Warning for failure to discharge obligation and for interference-
• (1) When the Local Area Education Committee has reasons to believe that
the parent of any child to whom this Act applies and who is bound under
section 8 to cause the child to attend a school, has failed to do so or that
any other person other than the parent is utilizing the time or services of a
child in connection with any employment whether for remuneration or
not, in such a manner as to interfere with the attendance of child at a
school, it shall warn him in writing to refrain from utilizing the time or
services of the child as aforesaid and direct to ensure the attendance of
such child at a school within one week from the receipt of warning
• (2) When a Local Area Education Committee is satisfied that the parent
has failed to cause his child to attend school or that any person is
interfering with such attendance of a child even after the warning
mentioned in sub-section (1),such a Local Area Education Committee or
any member authorized by it shall lodge a complaint against such parent
or other person with the Judicial Magistrate having territorial jurisdiction
over the area.
• 10. Exemption from attendance- The Govt. may prescribe the grounds
on which a child may be exempted from attending school.
• 11. No private school to be established or run without permission-
• (1) No private school shall be established, run or maintained without
permission, in writing, of the Govt. or the Competent Authority.
• (2) The Govt. shall prescribe the procedure to be followed for the grant of permission to
establish, run or maintain private schools.
• 12. Recognition of private schools- (1) Only such private schools as are recognized shall
permitted to function.
• (2) Notwithstanding anything contained in the Jammu and Kashmir Board of Education
Act, 1975, the Govt. shall, by notification, in the Govt. Gazette, appoint the ‘competent
authorities’ for carrying out the purposes of this Act.
• (3) The Govt. shall prescribe the procedure to be followed for the grant of such recognition.
• (4) The Govt. shall prescribe norms and conditions for the functioning of recognized
school
• (5) The Govt. shall, on or before the first day of May every year, by notification in the
Govt. Gazette, publish a list of such private schools as are recognized under this Act
together with such particulars, if any, as it may consider necessary
• 13. Management of schools- (1) No private school shall be managed and
run by any person other than an educational agency. The Govt. shall
prescribe the procedure for the registration of educational agencies.
• (2) Every educational agency shall appoint a Manager to look after day-
to-day running and administration of the school managed and run by such
educational agency.
• 14. Duties of Manager- The duties of Manager shall include the
following:-
• (i) he shall be responsible for the administration of the school in
accordance with the provisions of this Act;
• (ii) all the property, both movable and immovable shall be in the
possession of the Manager who shall be responsible for maintaining them
in proper condition;
• (iii) he shall maintain the records and the accounts of the school in such
manner as may be prescribed; and
• (iv) he shall be bound to render assistance and facilities as are necessary
for proper management of the schools.
• 15. Permission for starting new classes and their recognition- Every
private school shall have to seek the prior permission of the competent
authority before adding any higher classes. Any higher classes so added in
a school shall require recognition by the Govt. The Govt. shall, by
notification in the Govt. Gazette, prescribe the procedure for the grant of
such permission and recognition.
• 16. De-recognition of school: (1) The Govt. may de-recognize any private school,
if in its opinion, the functioning of such a school is not in accordance with the
provisions of this Act and the rules thereunder.
• Provided that no such order of de-recognition shall be passed by the Govt. unless
reasonable opportunity is provided to the educational agency in this regard. The
orders passed by the Govt. shall be final and binding.
• 17. Restrictions on alienation of property of aided schools: (1) Notwithstanding
anything contained in any law for the time being in force, no sale, mortgage, pledge,
or transfer of possession in respect of any property of an aided school shall be made
or created except with the prior permission of such authority as may be authorized
by the Govt. in this behalf. No such permission shall be granted, if in the opinion of
such authority, such permission will be adversely affect the working of the school.
• (2) Any transaction made in contravention of sub-section (1) shall be null and void.
• 18. Property to be in the name of the Educational Agency: Any
property or assets owned, held or acquired by any person for or on behalf
of any private school, shall, for the purposes of this Act, be deemed to be
property of the educational agency notwithstanding that such property
stands in the name of any individual.
• 19. Teaching and non-teaching staff in private school: The academic
and other qualifications of the teaching and non-teaching staff in the
private schools shall not be lower than those prescribed for corresponding
posts in Govt.
• 20. Conditions of service of staff in private school: All the private
schools shall frame and notify their own terms and conditions of service
of teaching and non-teaching staff including conditions relating to pay,
gratuity, provident fund and age of retirement.
• 21. Grant-in-aid: The Govt. may give grant-in-aid to private schools. The
Govt. shall frame rules prescribing manner in which grant-in-aid is to be
given and the conditions to be fulfilled by the schools for the receipt of such
grant-in-aid.
• 22. State Educational Advisory Board: (1) The Govt. may, by notification
in the Govt. Gazette, constitute a State School Educational Advisory Board
for the purposes of obtaining advice on matters pertaining to educational
policy and administration.
• (2) The Board shall consist of eleven members including the Chairman who
shall be Education Minister of the State, Secretary to Govt., Educational
Department, Chairman of the State Board of School Education and Directors
of School Education shall be ex-officio members of the Committee.
• The Govt. shall nominate the other members from among the eminent
educationalists, academicians, administrators and planners. The term of the office of
the non-official members of the Board shall be three years.
• 23. Alteration in the designation of a Govt. Officer: Where any provisions of this
Act or the rules made thereunder refers to any officer of the Govt. by designation,
then, if that designation is altered or the office held by such officer ceases to exist,
the reference to that designation or office shall be construed as reference to the
altered designation or, as the case may be, to such corresponding office as the Govt.
may direct.
• 24. Indemnity: No suit, prosecution or other legal proceedings shall lie against the
Govt. or any authority or officer in respect of anything which is in good faith done or
intended to be done under any provisions of this Act or the rules framed thereunder.
• 25. Courts not to grant injunction: Notwithstanding anything to the
contrary contained in the CPC, Samvant 1977 or in any other law for the
time being in force, no court shall grant any injunction or make any
interim order for restraining any proceeding which is being or is about to
be taken under this Act.
• 26. Delegation of powers: The Govt. may by notification in the Govt.
Gazette and subject to such conditions as it may specify, authorize any
officer or authority subordinate to it to exercise any of the powers, except
the power to make rules, exercisable by the Govt. under this Act.
• 27. Penalties: Whoever contravenes any of the provisions of this Act or
the rules thereunder shall on convention before the Judicial Magistrate be
liable to a fine not less than rupees ten-thousand for the first offence and
rupees twenty-thousand for every subsequent offence.
• 28. Power to remove difficulties: If any difficulty arises in giving effect
to the provisions of this Act, the Govt. may by order, do anything not
inconsistent with such provisions which appear to it to be necessary or
expedient for the purposes of removing the difficulty:
• Provided that no such order shall be framed after the expiry of two years
from the commencement of this Act.
• 29. Power to make rules: (1) The Govt. may make rules for the purpose
of carrying into effect the provisions of the Act.
• (2) In particular and without prejudice to the generality of the foregoing
provisions, such rules may provide for all or any of the following matters,
namely:-
• (a) the provision of compulsory education;
• (b) the establishment and maintenance of schools;
• (c) the grant of permission to set up private schools;
• (d) the recognition of private schools;
• (e) the giving of grant-in-aid to schools;
• (f) the levy and collection of fees in private schools;
• (g) the manner in which accounts, registers and records shall be maintained
and the auditing of the accounts of private schools;
• (h) the returns, statements and reports to be submitted by schools;
• (i) the inspection of schools;
• (j) the constitution and functioning of the Local Area Education Committees;
• (k) the standards of education and courses of study;
• (l) the procedure for admission of students in schools; and
• (m) any other matter, which is or may be required to be prescribed under this
Act.
• 30. Repeal and saving: (1) The Primary Education Act, Samvat, 1986,
the Jammu & Kashmir Private Educational Institutions ( Regulation and
Control) Act, 1967 and the Jammu & Kashmir Education Act, 1984 are
repealed.
• (2) Subject to the provisions of sub-section (5) of section 12, the aforesaid
repeal shall not affect the previous operation of the Acts so repealed.
 Loop holes in education system in
J&K:
• 1. Kashmir since last few decades is going through turmoil and it has
made various self-proclaimed leaders to come on the fore front and
appease people by their charismatic oratory .So a habit of “Oratory
Culture” has developed among the valley dwellers who see every Orator
as the promised Messiah. So instead of inheriting an intellectual literary
culture, we possess fools paradise of an oratory one. This culture has
made people negligent of literary tastes, education and aesthetic works.
• 2. .The teachers for schools are selected on all other basis but quality and
intellectual honesty.
• 3. Majority of the teachers are there not because they desire or wish to
teach but they are in the profession by chance or probability. Majority of
these folks are disinterested in their profession, hence can’t be good role
models for students.
• 4. The methodology of teaching and learning only to pass exams is one of
the major shortcomings.
• 5. The Supply-related factors which include long distances to schools
and/or dysfunctional schools also contribute to the low literacy level.

• 6. Poverty is the root of our illiteracy. The poor can’t send their wards

to school. Even if they opt for it, the chances of failure and drop out rates
is quite high as the Government schools in the state particularly the
primary schools are having a poor infrastructure in comparison to private
schools. The performance of the children in the private schools and the
level of satisfaction of their parents with the performance is higher than in
Government schools.
• 8. One Social problem which contributes towards illiteracy is the young marriage
among youth. In most cases the girl students are unable to continue their studies after
marriage.
• 9. Due to the present political turmoil, there has been a boom in the number of orphans who
can’t continue their studies as they have to shoulder their own livelihood and sustenance.
• 10. Our society doesn’t respect the intellectual class much as in our materialistic age only
money, power and fame are worshipped and considered ideal for the lower classes to follow.
So the gap between the elite educated class and common masses is widening as ever which
also results in illiteracy.
• 11. Another major problem I want to discuss here is the attitude of the teachers. I’ve seen many
of them constantly demotivating students and calling them a burden on their families. Some of
the teachers are even indulging in favoritism. They give good grades only to the students they
like and mark the others poorly. This also discourages a lot of students from working hard.
What we learn here is the craze for marks. First, we go to
school. Then we have to go for coaching classes. After
that, we do 2-3 hours of private tuition to help us do well
in coaching classes. Once that is over, we sit and
complete a large amount of homework. I can say this is
not education, this is third-degree torture. In this way, the
essence of true knowledge remains behind dark walls.
THANK YOU.