Right to free education

2013 SCMR 764 SUPREME-COURT Judicial Precedent

Arts. 25-A & 184(3)

Constitutional petition under Art.184(3) of the Constitution regarding condition of schools in all the Provinces of Pakistan

Right to free education

Scope

Illegal occupation of school buildings

School staffs being paid salaries despite providing no services

Existence of ghost schools

Appointment of Commission(s) by the Supreme Court to carry out survey of schools

Supreme Court observed that some of the schools situated in the Provinces were not being used for the purpose of imparting education to the students, and were either illegally occupied by the police or by other Government departments; that executive authorities despite being fully aware of Art.25-A of the Constitution were reluctant to improve the education sector inasmuch as different schools had been abandoned for one or the other reason but still monthly/annual expenditure were being incurred on such schools in terms of salary etc.; that no progress had been made as required by Art.25-A of the Constitution for providing free and compulsory education to all the children between the ages of five to sixteen years inasmuch as no laws had been promulgated on the subject by the Provinces; that education departments of Provinces had admitted existence of ghost schools; that it was not understandable why concerned officials were not taking initiatives or making laws to improve the education sector including removing of encroachments upon schools and taking steps to stop payments etc. to staff, which were getting salary without providing services; that education sector was the most important social service and the Government was bound to pay full attention to it in order to raise the standard of education and to ensure that the children were well educated

Supreme Court gave directions for appointment of all District and Sessions Judges or the Additional District and Sessions Judges at district/tehsil/taluka headquarters of all the provinces including Islamabad Capital Territory, as Commission(s) to carry out survey of schools functioning in their respective areas to determine as to how many schools were functioning fully and how many ghost schools were present in their districts; to determine as to how much of the education funds were being spent for the purpose of imparting education to the children and what was the ratio of children studying in their respective areas; to determine as to what were the reasons for encroachments/illegal occupation of school buildings and why cases concerning such encroachments were not being expedited by the courts and why no action was taken against encroachers

Supreme Court further directed that Presidents or Secretary Generals of respective District/Tehsil Bars should also be associated with the Commission(s), if needed, in order to carry out physical inspection and submit reports.