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Collapse of Public Education Drove Rise of Private Schools: J&K High Court
The Daily Guardian
|February 03, 2026
The High Court of Jammu and Kashmir and Ladakh has observed that the rapid growth of private schools across the country, including in the Union Territory, is largely a consequence of the failure of the public education system to meet citizens’ expectations.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar made the observation while hearing a batch of petitions that questioned the extent of the government’s power to regulate fees charged by private unaided schools. The ruling came in New Convent High School, Gogji Bagh Srinagar v. Union of India.
“The mushroom growth of private schools in Jammu and Kashmir, like in many States, is largely as a result of the failure of the public school education system. The compulsion of citizens to go to private schools is not created by private schools but is the doing of the Government, which has failed to deliver through its public education system,” the Court said.
The Bench noted that despite claims of reform, the public education system in the Union Territory has “virtually collapsed” and continues to fall short of public expectations. It observed that even economically weaker families aspire to send their children to private schools in the hope of better education and improved life prospects.
“Though there may be sincere efforts made by the Government to revamp the public education system, such efforts are not showing any visible results on the ground,” the Court remarked.
The High Court acknowledged that private education, which was initially meant to supplement government schooling, is now close to supplanting it. While stressing that the government must curb commercialisation and profiteering in education, the Court said it was time for the State to strengthen private schools rather than interfere unnecessarily in their functioning.
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