While adjudicating pro-bono lawyers Saadullah and Shahbaz Shah plea for court directives to make ‘Free and Compulsory Education Act, 2012’ operational in true letter and spirit in federal government schools, Islamabad High Court sought comprehensive response from authorities in the matter.
Advocate High Court Shahbaz Shah appeared before single-member bench of the Chief Justice Islamabad High Court (IHC) Justice Aamer Farooq on behalf of advocate Saadullah saying after passage of the law 13 years ago, federal government failed to provide free and compulsory education to all children of the age of five to sixteen years in schools, established by the federal government and local government in Islamabad Capital Territory (ICT).
The Act provides that “every child, regardless of sex, nationality or race shall have a fundamental right to free and compulsory education in a neighbourhood school.” This includes all children including those with special educational needs between 5 to 16 years of age.
He contended that despite the notification of the Act in 2015, no action has been taken thereunder and the law remains unimplemented. Advocate Shah apprised the bench that under Section 9 of the Act preschool education is to be provided which is not being done in any government-controlled school in the ICT.
Advocate Shahbaz Shah further contended that under Section 10 of the Act, it is the responsibility of the private schools to allocate 10 percent seats for the disadvantaged class of the society for admission which again is not being done.
Pro-bono young lawyer Shahbaz Shah has made federation through Secretaries Cabinet Division Islamabad, Ministry of Federal Education and Professional Training Islamabad, Director General Federal Directorate of Education Islamabad and Chairperson Private Education Institution Regulatory Authority Islamabad as respondents. He urged the court to issue directives to respondents to ensure strict adherence to the Act’s provisions, including Sections 9, 10, 11, 14 and 22 and take punitive actions against any entity found violating its requirements.
He also sought the court directives to the Islamabad Capital Territory Private Educational Institutions Regulatory Authority (ICT-PERA) to enforce the provisions of The Right to Free and Compulsory Education Act, 2012, and ensure that all private schools in Islamabad provide free education to disadvantaged children as per the quota stipulated in the Act.
He also sought a competent monitoring committee to oversee the enforcement of the provisions of the law in order to ensure School Management Committees (SMCs) active role to force parents to send children to school. Shah further requested the SMCs should take measures in cases of non-compliance.
After brief hearing of the case, the Chief Justice IHC Justice Aamer Farooq issued notices to all the respondents directing them to file report pertaining to para-wise comments within a fortnight. Later the matter was adjourned for October 11.
