In a significant development, the Lahore High Court (LHC) has directed the provincial government to take immediate action and formulate rules in alignment with the Punjab Free and Compulsory Education Act, 2014. The move comes as a response to concerns raised by Justice Raheel Kamran Sheikh regarding the prolonged absence of rules, even a decade after the law’s enactment. Justice Sheikh expressed apprehension over the private education sector benefitting from governmental inaction and highlighted the potential implications, suggesting either neglect or regulatory capture, warranting further inquiry.
Ensuring Universal Right to Education
Justice Sheikh highlighted the universally acknowledged right to free and compulsory education, mandated by Article 25-A of the Constitution. Despite legislation in 2014, the delay in framing rules jeopardizes disadvantaged children’s fundamental right.
Beaconhouse School System’s Legal Challenge
The Beaconhouse School System, Okara, challenged the denial of registration and E-license for affiliation with BISE Sahiwal. The school contested the decision denying students’ participation in board examinations.
Arguments and Court Ruling
The school argued against penal action under Section 13(b) of the Punjab Free & Compulsory Education Act, 2014, due to the absence of rules. The CEO of DRA defended, stating prominent schools in Okara voluntarily comply.
In a significant turn, Justice Sheikh allowed the petition, overturning DRA and commissioner decisions. He directed registration if conditions, except Section 13(b), were met. The Sahiwal board was ordered to ensure proper registration for secondary examinations.
Broad Directive to Punjab Government
Justice Sheikh issued a broader directive to Punjab’s government, urging rule formulation. Emphasizing criteria for disadvantaged children, payment of vouchers, and record-keeping procedures occurred. Seeking a compliance report within a month underscores the urgency to fulfill the fundamental right to education. The ruling holds private schools and the government accountable, marking a pivotal moment in educational law implementation in Pakistan.
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