Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Civil Procedure Code (V of 1908), O. I, R. 8---Writ petition---Educational Institution---Up-gradation of schools by the Government---Proposal of District Education Officer for withdrawal of up-gradation of said schools---Scope---Contention of petitioners was that proposal of District Education Officer for withdrawal of up-gradation of school was without lawful authority---Validity---Schools were up-graded without creation of posts---No proposal was made by the heads of said institutions for their up-gradation---District Education Officer was unaware about such up-gradation of schools---Neither Divisional Director of Schools nor Secretary Education (School) made recommendations for up-gradation of schools in question---Disputed schools were up-graded without processing files in hasty manner and without receiving proposals and recommendations of Headmasters/Headmistress of concerned schools---Criteria laid down by the Finance Department for up-gradation of schools was not considered while up-grading such schools---Ill-gotten gains could not be protected through writ jurisdiction---Schools were up-graded without adopting due process of law by violating fundamental right of education of students---Petitioners having not invoked writ jurisdiction of High Court with clean hand, equitable relief could not be extended in favour of such a party---Every suit to be instituted as a representative suit must be filed in accordance with the procedure provided in O. I R. 8, C.P.C. which was mandatory and same rule was also applicable to writ petition---Up-gradation of Schools Rules had not been framed---Up-gradation of schools was prerogative of Government which must be exercised in genuine case and not in arbitrary and unguided manners---Land required for up-gradation of schools must be acquired, premises be erected, posts needed to administer an up-graded school be created and concurrence of Finance Department for such purpose must be obtained before up-gradation of schools---Strength of students lesser to the strength of staff of concerned institution should not be considered---Writ petition was…

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