Jammu and Kashmir High Court Quashes Government Order, Directs Establishment of Degree College at Aishmuqam

Court Finds Government's Decision to Establish College at Siligam Arbitrary, Orders Adherence to Expert Recommendations

In a significant ruling, the Jammu and Kashmir High Court has quashed the Government Order No. 300-HE of 2018, which sanctioned the establishment of a Government Degree College at Siligam, and directed the immediate establishment of the college at Aishmuqam. The decision comes after prolonged litigation involving two writ petitions challenging the location of the proposed college.

The case, which has spanned over a decade, saw the residents of Aishmuqam and Siligam embroiled in a legal battle over the rightful location of the college. Initially, in 2012, a committee recommended Aishmuqam as the suitable site for the institution. However, in 2018, a government order shifted the location to Siligam, prompting the residents of Aishmuqam to challenge the decision in court.

Justice Wasim Sadiq Nargal, presiding over the case, emphasized the need for adherence to expert committee recommendations and criticized the government's indecisiveness and contradictory orders. The court noted that two expert committees had consistently recommended Aishmuqam as the feasible site, but the government failed to provide any cogent reasons for its decision to establish the college at Siligam.

The court observed that the government's actions were arbitrary and irrational, lacking the support of material evidence. It highlighted the prolonged delay and the deprivation faced by students due to the indecisiveness of the administration, stressing the importance of timely establishment of educational institutions for public welfare.

In conclusion, the court directed the government to promptly establish the college at Aishmuqam, in line with the recommendations of the expert committees. The decision is expected to bring much-needed relief to the residents of Aishmuqam and the surrounding areas, who have long awaited the establishment of the college.

Bottom Line:

The court quashes Government Order No. 300-HE of 2018 dated 24.04.2018, directing the establishment of the Government Degree College at Aishmuqam as recommended by expert committees, emphasizing the need for adherence to expert inputs and prompt administrative decision-making to avoid prolonged litigation and public harm.

Statutory provision(s): Article 226 of the Constitution of India

Ghulam Rasool Bhat v. Union Territory of Jammu & Kashmir, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2820974