The Jammu & Kashmir and Ladakh High Court last week set aside an order of the UT administration to take over management of some madrasas in Kishtwar district, holding that an official order it had issued last month cannot be universally applied to all institutions Referring to the order issued by the Divisional Commissioner, Jammu, dated June 14, 2023, taking over the management of madrasas run by Maulana Ali Miyan Educational Trust, Bhatindi, Justice Sanjeev Kumar held that the order cannot be applied to madrasas run by petitioners as they have nothing to with the Trust. The petitioner Raj Ali and some others had approached the HC challenging an order dated July 3, issued by Additional Deputy Commissioner, Kishtwar, directing them to hand over possession of madrasa to the administration through concerned tehsildars. After hearing both sides, Justice Sanjeev Kumar in his order dated July 26, observed that the Additional Deputy Commissioner, Kishtwar, was not correct to apply the June 14 order of the Divisional Commissioner, Jammu, for closing down or taking over madrasas run by the petitioners’ Trusts, unless he had substantial proof that these were connected or related to Maulana Ali Miyan Educational Trust, Bhatindi. Quashing the order of the Additional Deputy Commissioner, Kishtwar, taking over the management of some madrasas, Justice Sanjeev Kumar held order dated June 14, 2023 issued by the Divisional Commissioner, Jammu, “is applicable only to the madrasas run by Maulana Ali Miyan Educational Trust, Bathindi and cannot be universally applied to all madrasas being run legitimately in the UT’’. He, however, made clear that if it comes to the notice of respondents that madrasas are run by petitioners or others in violation of law, the respondents could initiate appropriate action.
