BEACONHOUSE SCHOOL SYSTEM, OKARA vs COMMISSIONER SAHIWAL DIVISION art

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BEACONHOUSE SCHOOL SYSTEM, OKARA VS COMMISSIONER SAHIWAL DIVISION art. 25-a---Punjab Free and Compulsory Education act (XXVI of 2014), Preamble---Fundamental rights---Right to free and compulsory education for children---Scope---access to free and compulsory education is a universally acknowledged right of all children---It is a sine qua non for the development of any State in addition to ensuring equality of opportunity for its citizens and their right to live with dignity---In our country, such right has been included amongst the Fundamental Rights contained in Chapter 1 of Part II of the Constitution through the Eighteenth Constitutional amendment---Fundamental Rights occupy a place of pride in the scheme of our Constitution and the same indeed are conscience of the Constitution---By insertion of art. 25-a in the Constitution, an obligation has been cast upon the State to ensure provision of free and compulsory education to all children between the age of 5 to 16 years in such manner as may be determined by law---Subject of education has been devolved to the provinces for legislation and decisions regarding curriculum, syllabus, planning, policy and standard of education---accordingly, the Punjab Free and Compulsory Education act, 2014 was enacted. Citation Name: 2024 PLD 451 LAHORE-HIGH-COURT-LAHORE BEACONHOUSE SCHOOL SYSTEM, OKARA VS COMMISSIONER SAHIWAL DIVISION Ss. 2, 13(b), 24(2) & Preamble---Constitution of Pakistan, Art. 25-A---Right to free and compulsory education---Obligation upon the educational institutions---Criteria etc. for disadvantaged children, determination of---Framing of relevant Rules, absence of---Petitioner (Beaconhouse School System) filed constitutional petition assailing the orders passed by the respondents (concerned District Registering Authority and the Commissioner/Appellate Authority), whereby its request for the issuance of School Registration Certificate was turned down as a penal action for not providing free education to disadvantaged children under S. 13(b) of the Punjab Free and Compulsory Education Act, 2014 ('the Act 2014')---Contention of the petitioner (school system) was that the relevant Rules required under S. 24(2) of the Act 2014 have not been framed/notified by the Government till date, thus in absence thereof impugned penal action has been wrongly invoked---Validity---Section 13 of Punjab Free and Compulsory Education Act, 2014 describes certain responsibilities of private schools for ensuring free education while S. 2 of the Act 2014, inter alia, defines "child", "education", "disadvantaged child", "free education" and "school"---However, there are certain features in the provisions of both sections (2 and 13 of the Act 2014) which are required to be determined by the Government and in that regard S. 24 of the Act 2014 empowers the Government to make Rules for carrying out purposes of the Act---Said provisions of the Act 2014 cumulatively manifest that without framing Rules, inter alia, to outline criteria for the determination of disadvantaged children or payment of vouchers and the manner of maintenance of records of children under clauses (a) & (b) of S. 24(2) of the Act 2014, any claim of compliance of obligations under S. 13 of the Act 2014 would remain subjective, open to objections and disputes---Legislation in the present case was enacted by the Punjab Assembly in the year 2014, but rights of disadvantaged children have been denied owing to procrastination at the hands of the Government which failed to frame and notify said Rules---Thus, when criteria for the determination of disadvantaged children or payment of vouchers and manner of maintenance of records of children under clauses (a) & (b) of S. 24(2) of the Act has not been prescribed, how could compliance of the same be verified and certified by any authority---High Court set aside impugned orders and passed directions to the respondent/District Registration Authority to ensure registration of the petitioner/school, if other conditions were satisfied---Constitutional petition filed by school was allowed, under circumstances. Citation Name: 2024 PLD 451 LAHORE-HIGH-COURT-LAHORE BEACONHOUSE SCHOOL SYSTEM, OKARA VS COMMISSIONER SAHIWAL DIVISION Ss. 13(b) & 24(2)---Right to free and compulsory education for children---Obligation upon educational institutions---Criteria etc. for disadvantaged children, determination of---Framing of relevant Rules, absence of---Petitioner/school was penalized for not providing free education to disadvantaged children---Validity---Legislation i.e. Punjab Free and Compulsory Education Act was enacted by the Punjab Assembly in the year 2014, but rights of disadvantaged children have been denied owing to procrastination at the hands of the Government which failed to frame and notify the relevant Rules in discharge of its responsibilities under clauses (a) and (b) of S. 24(2) of the Punjab Free and Compulsory Education Act, 2014---Private education sector, which was supposed to share the responsibility of right to education for disadvantaged children, has benefitted from inaction on part of the Government Departments even after the lapse of 10 years of passing of the Act---At best, it shows an obvious neglect of the Government whereas, at worst, it may well be a case of regulatory capture warranting inquiry---High Court directed the Government of the Punjab to fulfill its obligation to frame rules, inter alia, to prescribe the criteria for the determination of disadvantaged children or payment of vouchers and the manner of maintenance of records of children under clauses (a) & (b) of S. 24(2) of the Act within a period of 30 days whereafter it shall proceed with the enforcement of S. 13 of the Act through penal actions in accordance with law---High Court set aside impugned orders and passed directions to the respondent / District Registration Authority to ensure registration of the petitioner/school, if other conditions were satisfied---Constitutional petition filed by school was allowed, in circumstances.

BEACONHOUSE SCHOOL SYSTEM, OKARA vs COMMISSIONER SAHIWAL DIVISION art — 2024 PLD 451 LAHORE-HIGH-COURT-LAHORE

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