The Lahore High Court (LHC) has directed the provincial government to formulate rules in accordance with the Punjab Free and Compulsory Education Act, 2014 to ensure that private schools adhere to the law.
Justice Raheel Kamran Sheikh expressed concerns regarding the lack of rules even a decade after the law was enacted. He observed that the private education sector, which was supposed to share the responsibility of right to education of the disadvantaged children, had benefited from the government’s inaction.
“At best, it shows an obvious neglect of the government whereas, at worst, it may well be a case of regulatory capture warranting inquiry,” the judge added.
He made these remarks in a verdict passed on a petition by a private school against denial of registration certificate in Sahiwal. Justice Raheel Kamran Sheikh added that access to free and compulsory education is a universally acknowledged right of every child.
The LHC judge highlighted the state has been obligated to ensure the provision of free and compulsory education to all children between the ages of five to 16 years with the insertion of Article 25-A of the Constitution.
Justice Sheikh emphasized that although legislation for free education was enacted by the Punjab Assembly in 2014, the court struggled to understand how disadvantaged children could be deprived of their fundamental right to education due to the government’s delay in framing and notifying rules to fulfill its responsibilities.
The Beaconhouse School System, Okara, had approached the provincial apex court against the refusal to issue a school registration certificate/E-license for affiliation with the Board of Intermediate & Secondary Education (BISE) Sahiwal. Furthermore, it also challenged the decision of denying permission for its students to participate in the board’s examinations.
The counsel representing the school argued that the District Registration Authority (DRA) imposed penal action in the absence of rules under Section 13(b) of the Punjab Free & Compulsory Education Act, 2014, which outlines the responsibilities of private schools regarding free education.
The chief executive officer of DRA stated that despite the government not framing any rules for the enforcement of Section 13(b) of the Act, prominent schools in Okara district voluntarily complied with the requirements.
He added that if the petitioner provided information in a similar manner, the DRA would immediately extend the registration of the school. Justice Sheikh allowed the petition and overturned the decisions made by the DRA and the commissioner.
He directed them to ensure the registration of the petitioner’s school if all conditions, except those specified in Section 13(b) of the Act, were met.
Moreover, the Sahiwal education board was order to ensure that students from the petitioner’s school were properly registered for secondary examinations.
The judge further ordered the government of Punjab to fulfill its responsibility by framing rules, including criteria for determining disadvantaged children or payment of vouchers, and outlining the procedure for maintaining records of the children under the law. He sought a compliance report within a month.