State has failed to provide free education: CJP

ISLAMABAD: The Chief Justice of Pakistan, Justice Asif Saeed Khosa, observed on Tuesday that the state has failed to provide free education and compels its citizens to send children to private institutes.

The court summoned Attorney General for Pakistan, advocate generals of the four provinces as well as advocate general Islamabad Capital Territory (ICT) with the direction to come along with explanation as to what measures are being taken by the state for fulfilling its constitutional obligation of providing quality and uniform education to youths as enshrined in the Article 25 of the Constitution.

The Article 25 relates to right to education which states that the state shall provide free and compulsory education to all children of the age of five to 16 years in such manner as may be determined by the law.

A three-member bench of the apex court, headed by Chief Justice of Pakistan Asif Saeed Khan Khosa and comprising Justice Faisal Arab and Justice Ijazul Ahsen, heard a case pertaining to exorbitant fees charged by private schools.

The Supreme Court on December 13, 2018 in the case wherein private schools, charging high fees from parents, had ordered a 20 percent decrease in fees and ordered them to return half the fees they had charged for summer vacations. The court had ruled that its order was applicable to private schools across the country whose fees are in excess of Rs5,000. The court had directed the Law and Justice Commission to prepare and submit a report on the scaling back of school facilities to students as well as dismissal of teachers in the wake of its December order, and reiterated its order on reduction of fees.

On Tuesday, the court deliberated upon the legal aspect of the case and observed that it is the responsibility of the state to provide quality and uniform education in the country’s public sector educational institutions.

Chief Justice Asif Saeed Khosa questioned why the state is not fulfilling its constitutional obligation by establishing a uniform education system and providing quality education to the youths in public sector educational institutions. “There were educational institutions available in the public sector imparting quality education to the children. Where those schools have gone now,” the CJP asked.

The Chief Justice noted with pain that the state is not playing its due role in providing quality education in the public sector educational institutions but forcing the public to avail facilities of quality education being provided by the private sector educational institutions. The CJP said the parents are not being forced by anyone but the state to avail the best facilities available in the private sector as it is not doing so.

The CJP observed that the private sector imparting quality education is now being forced to charge fees as per wishes of the state. He said people while travelling in plane have to choose option either to travel in economy class or business class, having different rates for the facilities, adding that even in business class, people can chose another facility available in that class where one can take a shower as well during the journey.

“So people have different options when a school is giving best facilities. Parents avail those opportunities by their own will and nobody force them,” the CJP said, but stressed that it is the state responsibility to provide best opportunities and facilities to the public for providing quality education to their children in public sector schools.

During the hearing, the court also deliberated upon Article 18 of the Constitution which relates to freedom of trade, business or profession. The counsel appearing for parents read out orders, judgment passed by the Sindh High Court in the matter and contended that the high court did not discuss the issue of trade and business in its first judgment.

Meanwhile, the court with the consultation of all the parties concerned ruled that the matter would be heard on daily basis from next Monday.