Srinagar- The High Court of J&K and Ladakh on Thursday directed the authorities to establish a Government Degree College at Aishmuqam, reaffirming that the site has consistently been recommended by expert committees constituted for the purpose more than a decade ago.
A bench of Justice Wasim Sadiq Nargal observed that the case demonstrates how “indecision, litigation, and administrative inconsistency can inflict unintended yet severe harm upon the public at large.”
The judgment pertains to two writ petitions seeking the establishment of the Government Degree College at the petitioners’ respective native places—Aishmuqam and Siligam.
Residents of Aishmuqam had filed the first petition in 2018, challenging Government Order No. 300-HE of 2018 dated 24 April 2018, which sanctioned Degree College at Siligam.
In 2020, residents of Siligam filed a separate petition questioning Communication No. GDC/UT/2019/332-334 dated 21 November 2019, issued by the Principal, Government Degree College Uttersoo, requesting the Chief Education Officer, Anantnag, to arrange accommodation for establishing a Degree College at Aishmuqam. This communication led to a directive by the Deputy Commissioner, Anantnag, instructing the Sub-Divisional Magistrate, Pahalgam, to identify suitable accommodation at Aishmuqam.
“It is evident from the material on record that the root cause of the present litigation lies in the unexplained deviation made by the Government from its own contradictory orders,” the Court observed. It noted that since 2012, expert committee reports, feasibility assessments, and official communications consistently supported the establishment of the College at Aishmuqam.
Despite this, the Government abruptly issued Order No. 300-HE of 2018, sanctioning the College at Siligam, without presenting any cogent reasons, rationale, or contemporaneous record justifying the departure from its earlier position. “No material has been placed before this Court explaining what prompted this abrupt change,” the Bench noted.
The Court said it was this sudden and unexplained shift that compelled the people of Aishmuqam and adjoining areas to approach the judiciary. “Had the Government acted consistently and followed its earlier decision, there would have been no need for this litigation. The Government is therefore responsible for creating a situation that caused unnecessary legal dispute and prolonged uncertainty about the establishment of the College,” the judgment states.
The Court further observed that had the project not been stalled, the College would have been operational by now, providing substantial educational and developmental benefits to the region. Instead, prolonged delays have adversely impacted multiple generations of students.
Underscoring urgency in matters of public welfare, the Court cautioned that administrative and judicial processes must not allow essential projects, especially those related to education, to become infructuous due to the mere passage of time. “Public interest, particularly the educational aspirations of the youth, must remain paramount,” it underscored.
While reiterating that courts do not substitute their views for those of the executive, the Bench clarified that judicial review remains available to ensure decisions are lawful, rational, and based on relevant considerations. The choice of location, though administrative in nature, is subject to scrutiny if found arbitrary, irrational, illegal, or inconsistent with expert recommendations, the court said.
Citing several Supreme Court and High Court precedents, the Bench reaffirmed that policy decisions are open to judicial scrutiny on grounds such as illegality, arbitrariness, irrationality, mala fide exercise of power, or procedural impropriety. A policy may be interfered with if it violates statutory or constitutional provisions or suffers from “manifest unreasonableness,” the court said.
With these observations, the Court directed the Government to proceed without further delay and establish the Degree College at Aishmuqam in accordance with expert recommendations and its own stated policy position.
