Private Schools Staff Get Major Relief from High Court

The Peshawar High Court has ruled that private schools in Khyber Pakhtunkhwa must provide social security benefits to their employees, including teachers, under the Khyber Pakhtunkhwa Employees Social Security Act 2021.

A bench comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal dismissed a petition filed by the Private Education Network, which had challenged a notification issued on January 6, 2025. The notification declared private schools as establishments covered under the social security law and made them liable to extend benefits to their staff.

The court held that the social security law is a welfare statute and clearly applies to private schools. It rejected the argument that the Khyber Pakhtunkhwa Private Schools Regulatory Authority Act 2017 overrides the social security law, ruling that both laws operate in different spheres.

The bench said the regulatory law governs registration, fees, and standards, while the social security law focuses solely on employee welfare. The court also dismissed claims that compliance would impose an excessive administrative burden on private schools.

It ruled that charitable status or regulation under another statute does not exempt institutions from providing social security to employees.

With the dismissal of the petition, the earlier stay order was lifted. As a result, private schools across Khyber Pakhtunkhwa are now legally bound to extend social security benefits to their employees, including teaching staff.