Headmaster’s plea dismissed

LAHORE
Justice Shahid Waheed of the Lahore High Court dismissed a petition moved by a headmaster Muhammad Iqbal challenging explanatory notice served on him for unsatisfactory result of his school’s 9th class as it was below 25 percent.
Judge observed that the policy letter was one of the modes to check malpractices and making the citizens of Pakistan literate. However, it was not violative of any Constitutional provision.
Judge held that under the Constitution, Pakistan is a welfare state which shall promote with special area, the education and economic interests of backward classes like removing illiteracy and providing free and compulsory secondary education within minimum possible period to make technical and professional education generally available and higher education equally accessible to all on the basis of merit.
Judge remarked that under article 25-A of the Constitution, the state was bound to provide free and compulsory education to all children of the age of 5 to 16 in such a manner as may be determined by law.
About LHC jurisdiction in the policy matters, judge held that it was a settled principle of law that ordinarily High Court does interfere with the policy matter in its jurisdiction under article 199 of the Constitution, however, if policy is in conflict with any provision of law or is violative of fundamental right or a citizen, the same may be challenged before this court.