Students Made To Suffer Due To Administrative Lapses: J&K And Ladakh High Court Slams Government Over Decade-Long Delay In Setting Up Degree College In Pahalgam
Safiya Malik
The High Court of Jammu & Kashmir and Ladakh Single Bench of Justice Wasim Sadiq Nargal quashed the Government order sanctioning a Government Degree College at Siligam, directed the administration to establish the college at Aishmuqam with utmost expedition, and dismissed the rival petition seeking relief linked to Siligam. The dispute arose from competing claims by local residents over the location of a sanctioned degree college in the Pahalgam constituency, alongside official communications initiating steps for accommodation at Aishmuqam. Recording its anguish over the prolonged delay, the Court noted that inaction, inconsistent communications, and the Government’s failure to seek vacation of interim orders had caused avoidable hardship to the student community and the wider public.
The judgment concerned two writ petitions seeking establishment of a proposed Government Degree College in the Pahalgam area, with rival claims for Aishmuqam and Siligam. Residents supporting Aishmuqam challenged Government Order No. 300-HE of 2018 dated 24.04.2018, by which sanction was accorded for the college at Siligam; the Court had earlier directed that no action be taken to implement that order until further orders.
A committee constituted later assessed feasibility and recommended that the college be established at Aishmuqam. Thereafter, another Government order reflected the proposed location as “Pahalgam Siligam/Aishmuqam,” which was recorded as introducing ambiguity and prolonging delay. Separately, residents supporting Siligam questioned a communication by the Principal, Government Degree College, Uttersoo dated 21.11.2019 requesting accommodation at Aishmuqam, and a consequential communication dated 26.11.2019 mandating identification of suitable accommodation at Aishmuqam.
The Court recorded that “the instant judgment concerns two writ petitions, each seeking the establishment of a proposed Government Degree College at the respective native places of petitioners, namely Aishmuqam and Siligam.”
On the challenge raised belatedly to the committee report, the Court stated: “In the absence of any specific challenge in the writ petition to the Committee Report… mere challenge to the said communications… becomes wholly irrelevant, misconceived and untenable in law.” It further held: “The impugned communications are merely consequential… When the foundation (i.e., the Committee Report) remains intact and unassailed, the superstructure built upon it… cannot be demolished.”
On the committee report itself, the Court recorded: “this Court finds the committee report to be both credible and legally sustainable, and discerns no basis either to cast doubt upon its findings or to decline reliance thereon.” It also noted that “the report is comprehensive, reasoned, and founded upon a systematic comparative assessment of both proposed locations,” and that “the endorsement of the majority… further fortifies its legal validity.”
Addressing governmental indecision, the Court observed that it “would fall short in its duty if it does not record, that such public-oriented issues demand promptness, diligence, and clarity from the Government,” and that “the ultimate sufferers have been the students… deprived of these benefits solely due to administrative lapses and unnecessary procedural entanglements.”
On arbitrariness and the need for finality, the Court held: “this Court holds that the Government’s disregard of the report and its continued indecisiveness are patently arbitrary.” While recognizing policy limits, it recorded: “the determination of the location… is fundamentally a matter of policy… However… policy decisions are amenable to judicial review where such policy decisions are shown to be arbitrary, irrational, or contrary to the material on record.” It concluded that the 2018 decision for Siligam “is found to be unsupported by any cogent reasons and is vitiated by manifest arbitrariness and non-application of mind,” and that the Court would direct establishment at Aishmuqam “so that a quietus is put to the dispute and the issue is laid to rest once for all.”
The Court ordered that “the writ petition bearing OWP NO.1213/2018 is allowed and Government Order No. 300-HE of 2018 dated 24.04.2018, is quashed.”
The official respondents “to establish the Government Degree College at Aishmuqam in accordance with the consistent recommendations of both the expert committees and the stand taken by the Government in both the petitions.” The Court specified that “[t]his direction shall be implemented with utmost expedition” and clarified that “no further delay shall be countenanced. The writ petition bearing WP(C) No.309/2020, being bereft of any merit, deserves dismissal and is accordingly dismissed”
Advocates Representing the Parties
For the Petitioners: Mr. G.A. Lone, Advocate with Mr. Mujeeb Andrabi, Advocate
For the Respondents: Mr. Ilyas Laway, Government Advocate
Case Title: Residents of Village Silgam Vs UT Of J&K, United Auqaf Committees Aishmuqam Pahalgam Vs UT Of J&K
Case Number: WP(C) 309/2020 C/W OWP 1213/2018.
Bench: Justice Wasim Sadiq Nargal.
