Criteria for disadvantaged children: LHC asks govt to frame rules under PFCE law

LAHORE: The Lahore High Court (LHC) observed that access to free and compulsory education is a universally acknowledged right of all children and directed the Punjab government to frame rules under the Punjab Free and Compulsory Education (PFCE) Act to prescribe the criteria for the determination of disadvantaged children.

The court observed that the private education sector has benefited from inaction on the part of the government departments even after the lapse of 10 years of the passing of the Act and directed the office to send a copy of this order to respondents for compliance.

The court set aside the impugned order of the District Registration Authority (DRA) Okara declining registration of the Beacon House School and directed to ensure registration of the petitioner school subject to the conditions are satisfied.

The court also directed the Board of Intermediate and Secondary Education (BISE), Sahiwal to register the students of the petitioner school for the secondary school certificate examination 2024 without any further delay.

During the proceedings of a petition, a representative of the school education department informed the court that a draft of the rules has been framed and submitted to the law department which has suggested a few changes therein and shall be notified if some time is allowed.

The court said there are certain features in the provisions of the PFCE Act, which are required to be determined by the government including to prescribe the criteria for the determination of disadvantaged children or payment of vouchers and the manner of maintenance of records of children.

The court observed any vagueness or uncertainty in prescribing legal obligations opens the doors for the whimsical, arbitrary, and capricious exercise of authority.

The court said without framing rules, any claim of compliance of obligations under section 13 of the Act would remain subjective, and open to objections and disputes.

The court; therefore, advised the government to proceed with the enforcement of section 13 of the Act through penal actions under the law after framing the rules.

The court observed by inserting Article 25-A of the Constitution, an obligation has been cast upon the State to ensure provision of the free and compulsory education to all children between the ages of 5 to 16 years in such a manner as may be determined by law.

Copyright Business Recorder, 2024