Jammu & Kashmir High Court orders establishment of degree college at Aishmuqam, censures State for inaction

The Jammu & Kashmir and Ladakh has directed the Union Territory government to establish a new degree college at Aishmuqam in south Kashmir's Anantnag district, putting an end to a long pending dispute over its location [ Residents of Village Siligam v. Union Territory of Jammu & Kashmir & Ors.].Justice Wasim Sadiq Nargal said that the decision be implemented in accordance with the consistent recommendations of two expert committees as well as the government's stand that a college is required to be established at Aishmuqam."This direction shall be implemented with utmost expedition, keeping in view the educational loss suffered by the student community over the past decade. The Court makes it clear that no further delay shall be countenanced," the Court ordered..The dispute over the proposed college's location had culminated in filing of petitions before the High Court by the local residents of two different villages in Anantnag district.The residents of Aishmuqam argued that the college should be built in their locality, referring to government surveys and committee reports dating back to 2012, which consistently recommended their area as the most central and suitable location. On the other hand, residents of Siligam sought establishment of the college in their area, relying on a 2018 government order, which sanctioned their locality as the location and approved more than 100 kanals (12.5 acres) of land for it.Over the years, the government issued conflicting orders and failed to move forward with its proposal.A 2019 government ordered ambiguously referred to “Siligam/Aishmuqam” as the location for college. In another communication, deputy commissioner of Anantnag ordered Sub-Divisional Magistrate, Pahalgam, to identify suitable accommodation for the college at Aishmuqam..In the verdict dated December 10, the Court observed that the administrative indecision had deprived students and the local community of timely access to higher education.“What ought to have been a straightforward administrative exercise has, due to repeated contradictions, avoidable delays, and absence of a clear stand, escalated into prolonged litigation, thereby frustrating the very purpose for which the institution was sanctioned. This court is deeply concerned to observe that an entire generation of students, who could have availed the convenience, accessibility, and academic opportunities offered by a local degree college, has been compelled to travel long distances,” Justice Nargal said..The Court emphasised the role of educational institutions as instruments of social advancement and empowerment. It opined that delays in establishing the college were not merely procedural setbacks, but represented a loss to the community and hindered regional development. "Education, particularly at the higher level, shapes informed citizens, strengthens democratic values, and enables social and economic development. When establishment becomes entangled in prolonged disputes, it is not merely a procedural setback but a loss to the community at large and to the nation’s development. The opportunity to pursue higher studies within reasonable proximity is essential for students of rural areas , who often lack the means to travel long distances or relocate," said the Court..In the verdict, the Court also acknowledged that the determination of college locations is primarily an executive policy decision, involving technical, financial and administrative considerations. However, it noted that prolonged inaction coupled with the failure to seek vacation of interim orders at the appropriate time had resulted in avoidable hardship to the community and undermined the very purpose for which the college was sanctioned..The Court emphasised that public-oriented issues require promptness and clarity from the government..The Court found that the committee constituted in 2018 had recommended Aishmuqam as appropriate location for location of college, based on a comprehensive criteria. It rejected the Siligam residents' contention that the 2018 committee report was invalid due to a missing signature."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. In the present case, the report is comprehensive, reasoned, and founded upon a systematic comparative assessment of both proposed locations," it ruled.Thus, the High Court quashed the 2018 government order which had sanctioned Siligam as the site, and directed that the college be established at Aishmuqam..Aishmuqam residents were represented by Senior Advocate Altaf Naik, Advocate Beenish Habib and Seerat Ishfaq.Siligam village residents were represented by Advocate GA Lone along with Advocate Mujeeb Andrabi. The State was represented by Government Advocate Ilyas Laway and advocates GA Lone and Mujeeb Andrabi..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.