HUMAN RIGHTS CASE NO,19360-P OF 2012: In the matter of vs NOT
This matter originated as a Human Rights Case concerning the administrative affairs and staff salary structures of the Divisional Public School (DPS), Sargodha. The core legal question addressed was whether the school's administration had complied with the Court's directives regarding the enhancement of staff salaries and the improvement of institutional infrastructure. Upon receiving a compliance report from the Commissioner/Chairman of the Board of Governors, the Court noted that staff salaries had been increased by over 100 percent and that the Government of Punjab had provided a grant-in-aid for infrastructure development. The Court took the opportunity to emphasize the constitutional obligation imposed by Article 25A of the Constitution of Pakistan 1973, which mandates that the State provide free and compulsory education to all children aged five to sixteen years. Having observed that the administrative grievances had been substantially addressed and the directives implemented, the Court held that no further judicial intervention was required and consequently disposed of the matter.
- Does Article 25A of the Constitution of Pakistan 1973 impose a duty on the State to provide free and compulsory education to children aged five to sixteen?
- Are Federal and Provincial Governments required to ensure the implementation of the right to education under Article 25A?
- Article 25A, Constitution of Pakistan 1973
ORDER
1. IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- In compliance with the Court's direction, Mr. Shoukat Ali, Commissioner/Chairman, Board of Governors, DPS, Sargodha has submitted reply indicating that decision made in the meeting of BOGs regarding enhancement of salaries of the school staff, has been implemented and their salaries have been increased more than 100 per cent. He further stated that the Government of Punjab has granted 15 million as grant-in-aid for infrastructure development of the school and the other administrative problems of the school are also being addressed. It is to be noted that in 18th constitutional amendment by inserting Article 25A in the Constitution, the State is duty-bound to provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law. The Federal as well as Provincial Governments are required to make sure that this right is being ensured. Be that as it may, a considerable improvement is being made in the administrative affairs of DPS Sargodha and salaries of its staff have been considerably enhanced by 100% increase, no further action is called for in the matter. Disposed of accordingly.
Cited by 4 cases
- CITY SCHOOL PRIVATE LIMITED vs GOVERNMENT OF THE PUNJAB and others 2018 PLD Lahore 509
- City School Private Limited vs Government of the Punjab etc 2018 PLD Lahore 509, 2018 PLJ Lahore 646, 2018 LHC 495
- CITY SCHOOL PRIVATE LIMITED vs GOVERNMENT OF THE PUNJAB etc. 2018 PLJ Lahore 646
- City School Private Limited vs Government of the Punjab, etc. 2018 [M] C.L.R. 727