The Balochistan High Court (BHC) Thursday hinted at initiating contempt of court proceedings against the education minister and chief secretary over failure to comply with the court directives regarding provision of free and compulsory education to all children of five to sixteen years in the province.
Balochistan Education Foundation was established in 2015 under the Balochistan Private Institute Registration and Regulation Authority Act 2015, whose steering committee has not been convened despite the lapse of about six years.
It is pertinent to mention that there are as many as 19,000 positions of different categories lying vacant in the Secondary Education Department of the province.
Aimal Khan and others through a plea urged the BHC to issue directives to the concerned authorities for tangible development to which a division bench of Justices Muhammad Hashim Khan Kakar and Abdullah Baloch on May 03 issued directives to people at the helm to convene the meeting.
The court has issued directives to the chief secretary to convene a meeting of the steering committee within one month. The provincial government was also directed to notify the Fee Regulatory Committee for private schools and to complete the process of proposed amendment in the Balochistan Private Educational Institute Registration and Regulation Authority Act, 2015.
Besides, the secretary Secondary Education Balochistan with the collaboration of the managing director Balochistan Education Foundation was also directed to convene a meeting with the representatives of the private schools to resolve all the issues raised by the petitioners in the instant constitution petition in the light of the guidelines given by the Supreme Court verdict.
On Thursday, during adjudication of the matter no authority showed progress to which the bench observed, “We have painfully observed that despite specific directions, the official respondents have failed to perform their legal obligations, whereas in view of Article 25-A of the Constitution of Pakistan it is responsibility of the State 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”.
During the course of proceedings on Thursday, provincial law officer Arbab Muhamamd Tahir, Secretary Secondary Education Balochistan Sher Khan Bazai and Nadir Khan Durrani Managing Director Balochistan Education Foundation were confronted with such a pathetic situation.
The provincial law officer submitted that during the period of six years only once a meeting was held in the year 2017 and that too without any fruitful results. He further stated that a note for Chief Secretary Balochistan has been moved by the Secretary Secondary Education Balochistan for calling the meeting of the Steering Committee.
Expressing dismay over inordinate delay to comply with the court directives in the matter the bench observed that violating the orders of the Courts have become a fashion and prima facie the official respondents have failed to perform their duties and constitutional obligations as envisaged under Article 25-A of the Constitution and due to such negligence on the part of the official respondents the situation of education is deteriorated day by day.
The bench was also apprised that almost nineteen thousand positions of different categories were still lying vacant in the Secondary Education Department and due to such conduct of the official respondents the downtrodden people of the province are suffering badly.
“It is painfully observed that despite specific directions and notes moved by the concerned Secretary, the respondents have failed to do the needful, which apparently amounts to violating the directions, issued by this court in presence of the Additional Advocate General. Likewise, the official respondents have also failed to notify the members of the Fee Regulatory Committee and in this regard we were informed that a summary has been moved to the Chief Minister Balochistan through the Minister of Education which is still pending before the concerned Minister”.
Later, issuing show cause notices to respondents in the matter the court said in its order, “We are left with no option but to issue notices to the Chief Secretary Balochistan to show cause as to why contempt of Court proceedings may not be initiated against them for violating the orders of this court”. Hearing of the matter was adjourned till June 14.
The writer heads a leading news wire service ‘The Law Today Pakistan’ commonly known as TLTP. He has a special focus on news relating to superior courts adjudication, access to right of information, civil, political, social and economic rights under the approach that existing cyber regime realization ensures procedural fairness in administrative law. He can be reached at editor@tltpnews.com
