CHAPTER-3 LEGISLATION ON RGULATION AND AMINISTRATION OF EDUCATION IN JAMMU AND KASHMIR

Before we proceed to trace the laws regulating education in Jammu and Kashmir and the administrative machinery to implement them, it is pertinent to make some preliminary observations for legal basis of legislation on education. When India and Pakistan gained their independence on 15th and 14th August 1947, respectively; J&K chose to remain independent. There was an agreement by J&K with Pakistan and India that none of them will attack J&K. However, on 6th October 1947, Kabayli attacked Kashmir in a bid to annex it by force. To save J&K, Maharaja Hari Singh (the then ruler of J&K) chose to accede J&K to India in consideration of certain commitments made by Pt. Jawahar Lal Nehru (the then Prime Minister of India). It was in the pursuance of those commitments that Article 370 was incorporated in the Constitution which made Jammu and Kashmir a special State with its own flag, emblem, Constitution and Sadr-i-Riyasat (Prime Minister). This Article specified that except for Defece, Foreign Affairs and Communications, the Indian Parliament needed the State Government's concurrence for applying such laws to Jammu and Kashmir as did not fall under the heads of Defence, Foreign Affairs and Communications. Over the years, this procedure was followed to bring the state under the purview of Article 356, the Supreme Court, the Election Commission, the Comptroller and Auditor General. Thus the state's residents are living under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. It is worth noting that the State Constitution contains only Directive Principles and not Fundamental Rights and Fundamental Duties. No Fundamental Rights were available to the citizens of J&K under the earlier State Constitutions of 1934 and 1939. The full ambit of Fundamental Rights guaranteed under the Indian Constitution was extended to J&K after

1953. These were incorporated in the J&K Constitution, which was adopted by Jammu & Kashmir's Constituent Assembly in 1956. Present position is that right to education is a Fundamental Right available to Indian citizens under Article 21A of Indian Constitution which was inserted by the 86th Amendment in December, 2002 and consequently the Right of Children to Free and Compulsory Education Act, 2009 was passed by the Parliament in July, 2009. The provisions of the Act came into force from 1st April, 2010. This fundamental right is not available in Jammu and Kashmir as in the Indian Constitutional history only one fundamental right has been added so far and that is right to education and it will not apply directly but the Jammu & Kashmir's Constituent Assembly have to pass a resolution and request the President of India in this context. The state authorities have yet to decide whether to ask the Centre for extension of the Act to its territory or not despite being home to students with the worst learning outcomes in the country. The law, passed by Parliament in August last year and notified for implementation from 1 April, 2010, binds states to offer free and compulsory education to children aged six to fourteen years in neighbourhood schools. States will get three years from April 1 to put their acts together. While every state government has begun evolving the definition of neighbourhood schools to cover every child, while J & K is not appearing to be interested in implemented the legislation. J&K is reluctant to bind itself to the law because of huge financial implications. It wants greater central assistance to implement the Act. The then HRD Minister Kapil Sibal has told that the current ratio of cost sharing for RTE Act between the Centre and states would be 55:45, except for north-eastern states, where 90:10 formula could apply.

Jammu & Kashmir, citing its backward status, wants itself be equated to the North-East insofar as finances for the Act go. The School Education Minister for the state Peerzada Sayeed maintained We dont have the money to run the RTE Act or to train teachers. We can implement the Act only with greater central assistance, with 90:10 cost sharing between the Centre and us. Peerzada excused the state, saying it was already offering free and compulsory education to students up to class XII. Meanwhile, Additional Secretary, School Education, J&K Arifullah cited the experience of the Sarva Shiksha Abhiyan (SSA) under which the central-state cost sharing ratio declined from 80:20 in 2001 to 60:40. Another far-reaching consequence in the direction of education is that through the Constitutional Amendment Act of 1976 the Entry-25 for Education was shifted from Schedule II (State List) to Schedule III (Concurrent List). However, in J&K it is still in III Schedule. Constitution of Jammu and Kashmir. The Jammu and Kashmir state's commitment to the spread of knowledge and freedom of thought among its citizens is reflected in its Constitution. The Directive Principle contained in Article 20 enjoins that:
Article 20

The State shall endeavour (i) (ii) to secure to every permanent resident the right to free to provide, within a period of ten years from the tion for education up to the University standard; commencement of this Constitution, compulsory educa (iii)

all children until they complete the age of fourteen years; and to ensure to all workers and employees adequate for adult education and part-time technical, facilities
Article 21

professional and vocational courses. The State shall strive to secure (a) to all children the right to happy childhood with adequate medical care and attention, and

(b)

to all children and youth equal opportunities in education and employment, protection against exploitation, and against moral or material abandonment.

Article 23

The State shall guarantee to the socially and educationally backward section of the people special care in the promotion of their education, material and cultural interests and protection against social injustice. To fulfill the Constitutional obligation, the state government enacts Laws, Rules, Regulations and Codes from time to time. The following is the brief history and description of legislation in the state of Jammu and Kashmir to administer and strengthen its school education. 1. The Primary Education Act, 1930 This Act was aimed at introducing compulsory attendance of boys at primary schools. It was originally made applicable to the towns of Jammu, Srinagar, Sopore, Mirpur (now in Pakistan administered Kashmir) and Udhampur. In every area to which this Act was extended, under Section 1, a duty was cast on every parent of any boy who is not under six and not over eleven years of age, to cause such boy to attend recognized school for primary education unless there is a reasonable cause for his non-attendance within the meaning of Section 4. However, no boy was required to attend such school who has completed the course prescribed for the fourth primary standard or a course notified by the Government as equivalent to that standard. Any of the following was a reasonable cause for non-attending a school for primary education under Section 4: (a) That there is no recognized school for primary education within a distance of one mile by the nearest route from the residence of the boy. (b) That boy has been exempted by the Attendance Committee on religious grounds. (c) That the boy is shown to the satisfaction of the School Attendance Committee to be receiving efficient instructions in some other manner.

(d) That the boy has been granted temporary leave of absence from school for sickness or other sufficient reason in accordance with rules made under section 10. (e) That the boy is shown to the satisfaction of School Attendance Committee to be permanently unfit to attend school by reason of some bodily defect or infirmity. In unequivocal terms Section 5 provided that any parent who shall neglect to comply with the provisions of section 3 shall on conviction be punishable with a fine not exceeding Rs. 25. This penalty was not confined to parents only but was extended with same punishment to any person under Section 6 who shall utilize, during the prescribed hours of attendance at school, in connection with any employment, whether for remuneration or not, the services of any boy whose parent was required under Section 3 to cause his attendance at school. Under Section 7, School Attendance Committees were constituted in accordance with rules prescribed by the Government in every town or local area to which this Act applied. The School Attendance Committee was empowered under Section 8 to warn a parent of any boy within its area who is not sending the boy to attend school in accordance with section 3 or any person who is employing any boy in a manner which constitutes an offence under section 6. The powers of courts were limited under Section 9 not to take cognizance of any offence under Section 5 or 6 except upon complaint by School Attendance Committee and unless a warning under Section 8 has been given and not complied with. Section 10 empowered the Government to frame Bye Laws to carry out the objects of this Act in particular prescribing (i) (ii) the constitutional duties and powers of School Committee, the conditions under which leave may be granted to boys under section (d) and the authority competent to grant such leave. 4

Under Section 11 the Government may by notification exempt particular classes, persons, communities from the operation of this Act. This Act, however, is no more implemented in the State in any part now.

2. The Private Educational Institutions (Regulation and Control) Act, 1967 This Act was enacted for the regulation and control of private educational institutions. The Act empowered the government to appoint the Competent Authoritie/s under Section 3 to grant permission in the areas under their respective jurisdictions. The Act prohibited the establishment of an institution or its functioning except with the permission in writing from the Competent Authority. However, nothing in Section 4 shall be deemed to prohibit a sponsor who is registered under Section 5 to apply for permission to run an institution, or running such institution for a period during which he is required to apply for such permission and if he has applied for such permission until he is granted the permission or is by a notice in writing informed by the Competent Authority that permission for running such institution can not be granted to him. Section 5 of the Act requires the, sponsor of any institution to put in an application to the competent authority to run or set-up such institution specifying
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

the certificate or degree for which students will be put up, the amenities available and proposed to be provided, the names, qualifications etc. of members of the staff, equipments available, number of students in each class, the scales of fees, sources of income, the scheme of management and the description of buildings any other information that may be required to be furnished by the competent authority.

On receipt of application under Section 5, the competent authority may grant or refuse to grant permission to the sponsor of the institution after taking into account the following matters: (f)
(g) (h)

The method of imparting instructions.

The qualifications of teaching staff. Provisions for library and Laboratory. The suitability and adequacy of accommodations. The provisions for the welfare of students. The scheme for m anagem as referred to in section 7. ent Such other matters as may be prescribed.

(i) (j) (k) (l)

The sponsor of an institution was required under Section 7 to prepare a scheme for the management of an institution in a definite form containing defined particulars. The copy of same was also required to be submitted to the competent authority along with the application under section 5.

The Government was obliged under Section 8 to publish, on or before the first May of each year, in the Government Gazette a list containing the names of every institution which has been granted permission under section 6 together with such particulars of such institutions as it may consider necessary. The Government was also required to publish in the Government Gazette as soon as possible the names of such institutions whose permissions have been cancelled.

Every approved or recognized institution was required to keep accounts of the institution in a prescribed format. The accounts of every approved institution, whose annual income was not less than Rs. 6,000 was required under Section 10 to be audited annually by an auditor to be appointed by the Government from amongst the approved chartered accountants. The accounts of all approved institutions having an annual income of less than six thousand were also audited annually by such person as was being appointed by

the Government in this behalf. The auditor was required to prepare a report of the accounts and submit the same to the competent authority.

No approved institution was allowed to function until after expiration of six months next after a notice in writing has bees given to the competent authority. The comptent authority was empowered under Section 12 to inspect every approved institution as often as it may think necessary. The comptent authority was also powerful to direct the sponsor to remove the defects if any found during the course of such inspection, within such time as the competent authority may fix. If the defects were not removed within such time the competent authority was entitled to, after giving the sponsor an opportunity of being heard, cancel the permission granted under section 6.

The competent authority under Section 13 was also empowered to issue from time to time such directions regarding the management of approved institutions as it may think fit and it was the duty of sponsor of such institution to carry out such directions within a time fixed by the competent authority. If directions issued are not carried out within the time fixed, it may after giving the sponsor an opportunity of being heard, cancel the permission granted under section 6.

There was a general duty under Section 14 on every approved institution to furnish to the competent authority in a time fixed by it such returns, statistics other information as the competent authority may from to time require.

Any sponsor aggrieved by the decision of the competent authority was having a right under Section 15 to prefer an appeal to the Government against such decision within a period of 30 days from the date such decision was conveyed to him. After hearing the parties, the government was entitled to pass such order as it thinks fit in respect of such appeal.

For the contravention of provisions of this Act, the violators were punished under Section 16 with fine which may extend to five thousand rupees.

There was a twin bar on the jurisdiction of courts to prosecute any offender under this Act. Firstly, a case can be instituted only on the written consent from the comptent authority. Secondly, no court inferior to Judicial Magistrate First Class shall try any offence punishable under this Act.

The Government was empowered under Section 18 to make rules to carry out the purposes of this Act. The Jammu and Kashmir Private Educational Institutions (Regulation and Control) Act, 1967 was repealed by the Jammu and Kashmir Education Act, 1984.

3. The Jammu and Kashmir Education Act, 1984. Unlike the Primary Education Act, 1930, this Act was extended to whole State. It was enacted to achieve the goal of universalisation of elementary education and to provide for better organization and development of school education in the state. Under section 4 a duty was cast upon the government to provide for free and compulsory education for both boys and girls within age group of 6-14 within the period of 10 years from the commencement of this Act. To provide adequate facilities for school education, the government was empowered under Section 5 to: I. Establish and maintain schools; II. Permit any Educational Agency to establish and maintain private schools. Under Section 7, the government was required to establish the Block Education Committee to provide compulsory education. The following were the functions of Block Education Committee: I. to prepare a list of children in the education block and revise it on prescribed dates; II. to ensure the attendance of children in schools;

III. to notify the parents that they are under obligation to ensure the attendance of their children at school; IV. to ensure that the employment, if any, of children does not interfere with their attendance in school; The obligation of guardian to send children to school continued as it was in previous legislation but to warn the erring parent or any person who engages the child in some employment, whether for remuneration or not, was made a duty of Block Education Committee. If the Committee was satisfied that the parent has failed to send the child to school or that any person is interfering with such attendance of a child even after the warning, the Committee or any person authorized person by it was obliged to lodge a complaint with the Judicial Magistrate having jurisdiction. If the Judicial Magistrate is satisfied he shall direct the parent or other person to cause the child to attend school regularly or to refrain from interfering with the attendance of the child, as the case may be, after a specified date. If the parent or other person fails to comply with such order, on conviction he shall be liable to a fine not exceeding four hundred rupees for the first offence and five hundred rupees for every subsequent offence. No private school was allowed to establish, run or maintained without the previous permission of government and only recognised private schools were permitted to function. Notwithstanding anything contained in the Jammu and Kashmir Board of School Education Act, 1975, the government was required to appoint competent authority not bellow the rank of District Education Officer for according recognition to the private schools upon fulfilling the afresh laid conditions and norms. Under Section 13 all the private schools were required to be managed and run only by the Educational Agency duly registered with the government. Such Agency was required to appoint its Manager with the following duties to look after the day to day functioning of the school subject to the approval of the Competent Authority: i. to administer school in accordance with the provisions of this Act. ii. to maintain both movable and immovable properties of the school.

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iii. to maintain records and accounts in prescribed form. iv. to render all assistance for inspection of records. All the private schools were allowed under Section 15 to add higher classes in their school but with prior permission after following the procedure provided under this Act. However, any school may face de-recognition, after show cause notice, if in the opinion of government it is not functioning in the public interest or is violating provisions of this Act. Now the government was giving grants-in-aid to some private schools known as Government Aided Schools upon fulfilling certain conditions in some definite areas and thus few provisions were made for their functioning as well under this Act. Under Section 17 restriction was imposed on the sale, mortgage, pledge or transfer of possession in respect of any property of an aided school except with the prior permission of the Competent Authority authorized in this behalf. The government was authorized under Section 23 even to take the aided school for not exceeding five years in case Manages has neglected to perform any of the duties imposed. All the appointments of teaching staff in the aided schools were made by the Appointment Committee constituted by the government while non-teaching staff was being appointed by the Manager in a prescribed manner. The academic and other qualifications of teaching and non-teaching staff members were made same as that of government. However, conditions relating to pay, gratuity, provident fund and age of retirement were separately prescribed by the government. Under section 22, a 15 member State School Education Advisory Board was constituted under the chairmanship of Education Minister to advice on the matters of educational policy and administration. There was a bar on the jurisdiction of courts to entertain any suit, prosecution or other proceedings against the government or any government officer in respect of anything done in good faith or intended to be done under any provisions of this Act or the rules framed

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there under. The courts were also restrained from issuing any injection or making any interim order restraining proceeding taken or intended to be taken under this Act. The penalties were increased under Section 28 to a fine of five thousand rupees and a simple imprisonment for a period not exceeding six months. The Jammu and Kashmir Education Act, 1984 was repealed by the Jammu and Kashmir Education Act, 2002. 4. The Jammu and Kashmir Education Act, 2002. This is the present law applicable in the State. It received the assent of the Governor on 21 st April, 2002 and was published in the Government Gazette on 23rd April, 2002. It was implemented with effect from 17th May, 2004 vide SRO 138, dated 17.05.2004. This again was to achieve the goal of universalisation of elementary education and to provide for organization and development of school education in the State. Under Section 29 of this Act, government framed the Jammu and Kashmir Education Rules 2010 under SRO 123 on 18th March, 2010 for the purpose of carrying into effect the provisions of this Act. Instead of Block Education Committee, Local Area Education Committee was required to be constituted in each Panchayat Halqa, Town Area, Notified Area and Municipal Ward for implementation of this Act. However, the functions of Local Area Education Committee were kept almost same as that of Block Education Committee except the provision for ensuring that the employment, if any, of the children does not interfere with their attendance in school was deleted. Under the present law the fine has been reduced to Rs. 200 from Rs 400 for the first offence under Section 9 for violating the order of Judicial Magistrate by the parent or other person whereby direction was passed to cause the child to attend the school.

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Another amendment has been made in Section 16 whereby the orders passed by the government have been made final and binding. However, the new Act is not having provisions for taking over the management of aided schools now. The most important change brought by the present law is seen in Section 19 which provides that academic and other qualifications of the teaching and non-teaching staff in private schools has been made same as that of government staff. The private schools are made duty bound to frame and notify their own terms and conditions of service of teaching and non-teaching staff including conditions relating to pay, gratuity, provident fund and age of retirement. The last two changes brought by the present law are in respect of penalties under Section 27 and conditions of service of staff in affiliated schools. Regarding penalties it provides that whosoever contravenes any provision of this Act or rules thereunder shall be on conviction liable to a fine not less than rupees ten thousands for the first offence and twelve thousands for every subsequent offence. However, in the previous law it was five thousands and simple imprisonment for a period not exceeding six months. Regarding the service conditions of staff members in aided schools, it has deleted clause (k) of Section 30 of Education Act, 1984 and thus in the present Act there is no provision for it any more now. 5. The Jammu and Kashmir School Education Rules, 2010 The Government of Jammu and Kashmir on 18th March, 2010 vide SRO 123 in the exercise of the powers conferred by Section 29 of the J & K Education Act, 2002 made the following Rules:Compulsory education : -

The Government shall work on a sustained basis, for the enlargement of access to

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elementary education and shall, towards that end, take all necessary steps which may include:i. opening of Primary Schools and Upper Primary Schools within a reasonable distance from each other with particular regard to the topography and terrain of an area.
ii.

development of special, age-specific bridge courses for the school drop outs, never-enrolled or out-of-school children. thrust on removal of social, regional and gender gaps. creation of a sustainable support system of resource personnel and institutions. strengthening of teacher- training institutions continued capacity building and capacity enhancement of teachers, teacher educators and educational planners/administrators. launch of target-oriented and area-specific initiatives like innovative education, alternative schooling, open schooling, coverage of special focus groups etc. and

iii.
iv.

v.

vi.
vii.

viii.

community ownership of school-based strategies through increased public participation and need-based decentralization.

Procedure for registration of private schools:-

(1)

Application for grant of permission:- An application for grant of permission to establish, run or maintain a private school or to extend the permission for such school shall be made in Form "A", appended to these rules, accompanied by Treasury Receipt/Cheque/Bank-Draft as application/inspection fee to be notified by the Government from time to time and submitted to the competent authority by the educational agency running a private school.

(2)

The application for opening of a private school shall be accompanied by a no objection certificate each from the: a. Municipal Corporation/Committee, Panchayat, LAWDA or any

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other local body and/or any other institution concerned, as the case may be; b. Traffic Police; c. Public Works Department (from the safety standpoint); and d. Fire and Emergency Service Department. . (3) (a) After receipt of the application the competent authority or any official/s authorized by him for the purpose shall, within 15 days from the receipt of the application refer the matter for spot inspection of the said institution, or for examination of the project/proposal (as the case may be) vis-a-vis the norms of infrastructure, equipment, staff and other requirements as laid down under rules 5, 6 and 11 of these rules, to an inspector to be appointed by him who shall not be below the rank of:i. ii.

Join t Director in case of an ETT/NTT institution; Principal of a Government Higher Secondary School in case of High and Higher Secondary Schools; Headmaster of a Government High School in the case of Elementary Schools (i.e, school running upto class 81h) Master of a Government School in the case of Pre-Primary (b) The Inspector shall submit the report to "competent authority" within a period of 30 days from the date of his appointment.

iii.

iv. Institution.

Managing committee: -

Every School shall have a Managing Committee representing the local community and the school shall function under the control and the directions of the committee. The members of the Managing Committee shall not belong to one single family.

Necessary infrastructure and facilities: -

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The Private Schools, seeking permission/rccognition or extension/renewal thereof, shall be required to have the requisite infrastructure and facilities, including physical facilities and teaching and other staff as per the following details: l. Physical Facilities: a) Pre-Primary Schools (i.e. Pre Nursery/Nursery and K.G) The School shall be located in a noise-free zone, equipped with the requisite wherewithal including the following:
(i)

a minimum of three class rooms with an average space of 1-2 Sq. mtrs per student. each class-room to have at least one seat and drawing/writing space for each student. one play room with 150 Sq. Mt. space and/or a playground of suitable specifications. one Multipurpose Educational Laboratory (with an area of 75 Sq. Mtrs). one staff room. toilet and drinking water facility. if the intake of students is above 50 per class, an extra room for each additional section be added. Primary Schools (Classes 1 st

(ii)

(iii)

(iv)

(v) (vi) (vii)

b)

to 5th) :The School shall be located in a noise free-zone and shall have:(i) (ii) a minimum of five class rooms with an average space of 12 Sq. Mts. per student. each class room to have at least one seat and writing space for each student. (iii) a suitable playground. (iv) one Multipurpose Educational Laboratory (with 75 Sq. Mt. space). / (v) one Principal's room and one staff room. 16

(vi) toilet and drinking water facilities for staff and students. (vii) if the intake of students ratio is above 50 per class, an extra room for each additional section be added.
(viii)

if the school provides pre-primary schooling as well the infrastructure required of the Pre-primary centre/school shall also be provided for, in addition to that required for classes 1st to 5th.

(c)

Middle Schools (Classes 6th to 8th The School shall be located in a noise free-zone and shall have: a minimum of three rooms with an average space of 1-2 Sq.Mts. per

(i)

student each for class 6th, 7th and 8th. If the Middle School has also pre-primary and primary classes, additional accommodation to that extent to be provided.
(ii)

each class room to have at least one seat and writing space for each student, one library. one room for indoor-games (with an area of not less than 150 Sq. Mt.) one Multi-purpose Educational Laboratory (with an area of 150 Sq. Mts.). one Principal's room (with 100 Sq. Mt area). one staff room (100 Sq. Mt. area). separate toilet and drinking water facility for the students (boys and girls) besides for the staff. if the intake of students is above 50 per class, an extra Section be added.

(iii) (iv) (v) (vi) (vii) (viii) (ix)

(x) enrollment).
(xi)

examination Hall (of appropriate dimensions, depending on the if the school has also pre-primary to class VIII, additional infrastructure to that extent be provided.

II Teaching and Other staff: _ a. Pre-Primary School/Center

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(i) at lest two teachers

trained in Early Child Care and Education; and

(ii)
b.

one trained experienced Caretaker

Primary School (Classst 1 5th) to A minimum of three teachers. least one of them to be a trained graduate At (i.e. with B.Ed.) or Diploma holder in elementary education.

c.

Middle School (Classes 1st to 8th) A minimum of eight teachers, at least two of whom should be trained graduates, besides a Head Teacher/Principal/Headmaster.

Parents association:
a.

The Principal of the school, with general consensus of parents,

shall constitute- a Parents' Association of at least 10 parents and the management and Principal of the school shall meet with the Parents' Association at least twice a year.
b.

The Management of the school shall consult the Parents' The Managing Committee shall apprise the Parents' Association The Management of the school shall take the Parents' Association

Association in matters of academic importance and co-curricular activities.

c.

about the performance and various activities of the school.

d.

into confidence while taking important decisions affecting the students.

Grant of permission/recognition:

The competent authority shall examine the report received in pursuance of rule 4 and take final decision thereon within a period of 30 days and convey the same, in writing, to the educational agency.

Levy and collection of fees: a)

Every private school shall, before the commencement of each academic session, notify, for general information, the details of its fee structure.

b)

The admission fee shall be charged only once i.e. upon first enrolment of the

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child/student in the school.

c)

No money from any source shall be accepted without due acquittance and without being properly accounted for.

d) e)

There shall be no mid-session revision of fee. The school shall effect any revision of fee, in consultation with the parents' association under au intimation to the concerned Director, School Education.

Accounts: -

Every school shall maintain the following registers in the manner prescribed for the Government educational institutions:(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

Cash Book. Contingent Register. Acquittance Roll of Teachers and other staff. Fee Register. Pay Bill Register. Acquittance Roll of the scholarship holders. C P Fund Register. Admision Fee Register. Register for Local Funds. Register for Subscription, donations, and other source of income, if any. Any other Register as may be prescribed by the Competent Authority. 6. The Jammu and Kashmir Board of School Education Act, 1975. The Act extends to the whole state and authorized the state government to establish the board. So, the Jammu and Kashmir State Board of School Education (abbreviated as JKSBSE or JK BOSE) is the main board of examination which was established in 1975 under this Act as an autonomous body to advise the Government on matters of policy relating to Elementary Education, Secondary Education and Higher Secondary Education and other matters pertaining to promotion of Education for all. The Board has two

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divisional offices situated at Rehari colony, Jammu and New Campus, Bye Pass Bemina, Srinagar. It is a body set up to: i. Secure that education should relate intimately to the development of potentialities of the youth, to the national needs and to the aspirations of the people; ii. Discover talent and nurture it; iii. Promote equality of opportunity by providing necessary facilities; iv. Help generally to raise the standard of living and productivity of the State and achieve closer and willing participation of the people in a democratic process; v. Regulate, control and develop education in the State of Jammu and Kashmir up to the Higher Secondary level by providing varied courses with a view to equipping pupils for different occupations, for education in the universities and other cultural purposes and to examine candidates and to award certificates to successful candidates and doing all other things incidental thereto.
Composition of the Board: -

The Board consists of following 15 members namely: 1. 2. 3. 4. 5. 6. 7. Chairman; Commissioner Education; Principal Secretary to Government Education Department; Director School Education, Kashmir; Director of School Education, Jammu; A representative each of the two Universities of Kashmir and Jammu respectively, to be nominated by the concerned University Council; Four School teachers nominated by Government, of whom 2 are lady teachers concerned with Girls Education and 2 male teachers concerned with Boys Education; 8. 9. An eminent educationist unconnected with the administration, to be nominated by Government; A representative of one of the Teachers Training Institutions in the nominated by Government; and State

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10.

Two persons nominated by the Government; one lady and one male officer from among Principals, Headmasters and Headmistress of teaching institutions in the State.

The Chairman is a whole time officer appointed by the State government for such term as the state government may determine. Nominations of the members excepting the University representatives are to be made by the state government. The tenure of the members is three years. As in the case of state secretrate, the headquarters of the Board is to function in Srinagar and Jammu alternatively for such periods as may be prescribed by the Chairman.
Powers and functions of the Board

Article 10 of the Chapter II of the Act lists 30 specific functions of the Board. Subject to the provisions of Jammu and Kashmir State Board of School Education Act, 1975 and also subject to the broad educational policies and such directions and instructions as the government adopts and issue, from time to time, the Board shall have the following main powers and functions: 1. Prescribe the courses of instructions, prepare curricula and detailed syllabi and also prescribe textbooks for elementary, secondary school and higher secondary (School gradation) school examinations. 2. 3. 4. 5. Conduct public examinations for persons who have pursued the Secondary School and Higher Secondary (School gradation) school education courses. Publish the results of examinations conducted by the Board. Grant diplomas or certificates to persons who have passed the examinations of the Board under conditions laid down in the regulations. Recognize institutions for the purpose of providing instructions in the Secondary and Higher Secondary courses on such conditions and on receipt of such fees as may be fixed by the regulations. 6. Conduct inspection of the Recognised schools/institutions to ensure:

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a)

That the recognized schools have the requisite facilities of playground, furniture, laboratories, library, equipment, accommodation, and qualified teaching staff as prescribed by the regulations.

b) That no recognized school/institution adopts books as courses of study other than those prescribed/approved by the Board. c) That the recognized school/institution maintain the standard of education and impart instructions strictly in accordance with the regulations made under this Act. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Disaffiliate recognized schools, which do not fulfill the conditions laid down for recognition/affiliation. Admit candidates to the examinations of the Board under the conditions laid down by the Regulations. Demand and receive such fee as may be prescribed by the regulations. Hold, control and administer the funds and property of the Board. Receive bequests, donations, endowments, trusts and other transfer of any property or interest therein. Co-operate with the universities, other Boards and with other authorities in such manner and for such purposes as the Board may determine. Place before the Government the views of the Board on any matter with which it is concerned. Call for reports from Director/s of School Education on the conditions prevailing in the recognized institutions or in institutions applying for recognition. Adopt measures to promote the physical, moral, cultural and social welfare of the students in recognized institutions. Take such measures as the Board may think necessary to raise the standard of education in the State and advise the Government on matters of policy relating to Elementary, Secondary and Higher Secondary education. 17. 18. 19. Frame regulations for carrying out its purposes. Institute and award medals and prizes and scholarships for nurturing talent. Exercise full academic control over the recognized institutional.

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20. 21.

Undertake editing, printing and publication of textbooks for various courses, as the Board may deem proper. Adopt measures for coordinating national and State policies in secondary and higher secondary, technical and vocational education and for coordinating higher secondary education with the elementary and University education.

22.

Do all such other acts and things as may be necessary for furtherance of the objectives of the Board as a corporate body constituted for regulating and supervising elementary, secondary and higher secondary education in the State.

Organizational set up of the Board

Subject to the other provisions of the Act, the following shall be the officers of the Board, namely: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Chairman. Secretary Director, Academic Joint Secretary, Publication Joint Secretary, Confidential Joint Secretary Exam, Kashmir Division Joint Secretary, Secrecy, Kashmir Division Joint Secretary, Exam, Jammu Division Joint Secretary, Secrecy, Jammu Division Chief Accounts Officer Law Officers A team of Deputy Secretaries Two divisional level Accounts Officers Academic Officers A team of Assistant Secretaries

The Chairman is the head and the Secretary the Chief Executive officer of the Board. Article 13 of Chapter II gives a list of powers and functions of the Chairman of the Board while Article 15 of the same Chapter details the powers and functions of the Sectary.

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Committees of the Board

The functions of the board also include appointment of certain Committees namely: 1. 2. 3. 4. 5. 6. 7. 8. 9. Recognition Committee; Finance Committee; Committee for Examinations; Committee for Development and Research; Academic Committee; Committee for Development and Research; Equivalence Committee; Building and Construction Committee; Committee for Scrutiny and Disposal of Unfair means Cases;

10. Committee for Examination of Complaints about Question Papers;

Other Committees and Sub-committees

1. Subject / Courses Committees; 2. Committee for considering requests for correction in particulars of students of the Board; 3. Divisional level Purchase Committees; The Board shall constitute the committees in such manner and for such period as it may prescribe by regulations. The term of office of the members of the committees shall be such as may be prescribed by regulations. Normally no person shall be a member of more than two of the following committees: a) b) c) d) the Committees for Examination; the Finance Committee; the Academic Committee; the Development and Research Committee

Powers and functions of Committees.

Powers and functions of some of the main committees are:

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1. Recognition Committee: - this committee has to secrutinise the applications for recognition, appoint panels of inspectors and if necessary appoint sub-committees. 2. Finance Committee: - This committee advices the Board on financial matters, prepares annual budgets and gives concurrence for expenditures. 3. Committees for Examinations: - Takes all steps for the conduct of examinations and considers and decides cases relating to misconduct during the course of examinations. 4. Development and Research Committee: - This committee deals with matters relating to development and research of new techniques and procedures especially those relating to examination reforms. It shall also organize orientation courses or training programmes for paper setters, moderators and examiners. 5. Academic Committee: - The Academic Committee shall a. consider all academic questions relating to examinations conducted by the Board, including the conditions to be fulfilled and the tests to be passed by the candidates and report thereon to the Board; b. recommend to the Board syllabi and courses of study for the examinations held by the Board except such text books as may be got edited by the Board itself; after considering the recommendations of the committee of courses; c. constitute sub-committees for preparation of syllabi in various courses; d. advise the Board on general matters relating to technical and vocational education; e. make arrangements for editing printing and publication of such books as may be decided by the Board; f. make suggestions and recommendations to the Board for the dissemination and promotion of Womens Education in the State; g. constitute such other sub-committee and delegate such powers to it as it may consider necessary. 6. Other committees: - The other committees shall exercise such powers and discharge such duties as may be prescribed by regulations.

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Chapter V deals with procedures to be adopted for filling up of casual vacancies on the Board, its quorum, and powers of government in the affairs of the board etc. similarly Chapter VII relates to the rule making powers of the board and transitory provisions. Section 44 of this Act, repealed the Jammu and Kashmir Secondary Education Act, 1964.
Award of scholarships, medals, prizes, etc.
Board awards:

The Board awards every year medals and merit certificates to the meritorious students at the Secondary School Examination as well as Higher Secondary Examination, Part II conducted by each of its two divisions of Kashmir and Jammu. Medals are awarded to first position holders at the Secondary School Examination as well as first position holders in each of the following faculties at Higher Secondary School Examination, Part II: a) c) Science; Commerce; and b) Humanities; d) Home Science; Merit certificates are also given to first twenty rank holders at Secondary School Examination held at the end of class X and to first ten position holders in each of the faculties of science, Humanities, Commerce and Home Science at Higher Secondary Examination, Part II set at the end of class XII Merit scholarships The Board awards the following scholarships. 1. National Scholarship Scheme for the award of merit Scholarships for post-matric studies:

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The Board draws up merit list of Scholars likely to be eligible for award of scholarships and submits it (the list) to the administrative department for award of scholarships under the National Scholarship Scheme. Besides giving its own medals and merit certificates, the Board has been successful in motivating the following agencies in the country to award prizes, scholarships, etc. to the merit holders and thus nurture talent. 2. Hindustan Machine Tools (HMT) National Scholastic Excellence Scheme: HMT awards one HMT Watch and a certificate to each one of the first three rank holders at the Secondary School Examination of J&K State Board of School Education under its National Scholastic Excellence Scheme. 3. Madras Telugu Academy Awards: Madras Telugu Academy, a cultural and non-commercial service oriented organization, gives a cash assistance of Rs. 6000/- to the first position holder at the Secondary School Examination to help him/ her in his/ her future education. 4. Coal India Limited (CIL) Rajiv Gandhi Scholarship Scheme: Coal India Limited Welfare Department, Calcutta awards CIL Rajiv Gandhi Scholarships at Rs. 250/- per month for a period of two years to students securing first, second and third positions at the Secondary School Examination set by the Board. It also awards a scholarship of Rs. 250/- per month for a period of two years to a girl student who secures first position among the girls. 5. Birla Institute of Technology and Science Admission Scheme: The Board recommends to the Birla Institute of Technology and Science names of first 10 rank holders (giving the aggregate percentage of marks secured by them) at the Higher Secondary Examination, Part II for admission to its (Birla Institutes) four year integrated First Degree Programs. The Institute draws up a merit list at the national level using the accepted method of Normalization.
Examinations held by the board.

The Board conducts the following examinations and awards certificates to the successful candidates: 1. Secondary School Examination at the end of class X;

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2. 3. 4. 5.

Higher Secondary Examination, Part II; Diploma in Elementary Examination; Physical Education Examination; National Talent Search Examination

The board also provides support to schools for holding valid and reliable school based assessment/examination. Question papers for first and second term tests of class IX under Continuous and Comprehensive Evaluation are also being provided. Question papers for first and second term tests under continuous and comprehensive Examination Transparency in the examination processes have been streamlined. aspects of examinations are given below:
1. Academic Aspect:
A) Identifications of domains.

Some of the major

reforms introduced by the Board in the academic; the administrative and the evaluative

In each subject of external examination the abilities to be assessed have been laid down and are given under the heading Domains in the syllabuses prescribed. For example, the abilities to be tested in case of Mathematics subject at the Secondary School Examination are given under the domain Techniques with application.
B) Increasing Reliability in Marking Scripts:

Concerted efforts are made to ensure reliability in marking by: i. subjectivity of examiners through randomization of scripts; ii. Controlling if not completely eliminating examiner bias by coding the scripts; iii. Requiring examiners to score scripts with out being concerned about pass or fail or about division or distinction marks; Checking, if not eliminating altogether,

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iv. Requiring examiners to utilize the full range of marks relative to the performance of the candidates, particularly in language and social science subjects; v. Adopting centralized evaluation; and vi. Introduction of multiple sets of question papers; vii. Appointing head examiners for coordinating the work of sub-examners to contain to a larger extent the inter and intra-examiner variability.
C) Re-evaluation and Transparency:

i.

The Board permits re-evaluation of answer scripts at Higher Secondary Examination Part II as well as rechecking of the scripts at Secondary Stage. Students who are not satisfied with scoring/ marking of their scripts can seek re-evaluation of their scores on payment of fees. Such students are allowed to see their scripts and if dissatisfied seek reevaluation of their answer scripts.

ii.

Introduction of continuous and Comprehensive Evaluation: The Board has introduced School based Assessment known as Continuous and Comprehensive Evaluation (CCE) Scheme at the elementary, secondary and higher Secondary stages so as to make the entire process of evaluation an integral part of teaching and learning process. The scheme is as a matter of fact a curricular initiative aimed at developing the cognitive, the affective and the psychomotor domains in school going boys and girls. At Secondary and Higher Secondary stages, the scheme supplements the public examinations conducted by the Board. While the external examination assesses only limited attributes, qualities and skills of pupils, the school-based assessment (CCE) introduced by the Board assesses development of both the scholastic as well as the non-scholastic aspects of pupils personality.

2. Administrative aspect

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With a view to improving administrative aspect of examinations following steps have been taken: 1) The profile of supervisory staff including superintendents is updated to identify people of proven integrity for examination duty. 2) The profile of examination centers is reviewed to identify strong and weak examination centers. While strong centers as allowed to continue weak centers are closed; 3) Examination centers are, as far as possible, fixed at centrally located places for better supervision. 4) Vigilance and flying squads are constituted for inspection of examination centers to check use of unfair means. 5) The Pre-examination process, say preparation of enrolment, centrestatement, etc. and post examination process like preparation of results, etc. are computerized. 6) Prevention of unfair means: i. The Board has taken a number of measures to prevent use of unfair means. Apart from other administrative steps like effective supervision, appointment of people of integrity as Superintendents the Board implements in letter and spirit its regulations pertaining to prevention of unfair means in examinations. ii. Examinations are cancelled partly or entirely as warranted on merits; whenever and wherever it is established that sanctity of examinations has been violated or vitiated on account of mass copying or outside interference. 3. Evaluative aspect.

At the end of each examination the Board evaluates different pre and in examination processes for feedback. Some of the evaluative steps taken are:

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a. analysis of question papers to identify weaknesses and strengths for further improvement; evaluation of examination centers and their classification as strong, moderate and weak centers; b. assessment of performance of different people detailed for examination duty; c. analysis identified. of examination results for making appropriate recommendations to the Government for addressing weaknesses

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