Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2024 SHC 1027. In this matter between Const. P. 5581/2024 (D.B.) Sindh High Court, Karachi - Ahmed Nawaz Muri (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 5581/2024 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1027 PARTIES: Ahmed Nawaz Muri (Petitioner) ORDER DATE: 29-APR-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ 1

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No. D-5581 of 2024 [Ahmed Nawaz Mari V. Province of Sindh and others]

Date Order with signature of Judge(s)

Before: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi

Date of hearing and Order: 29.04.2026

Petitioner Ahmed Nawaz Mari present in person. Mr. Abdul Jaleel Zubedi, Additional Advocate General Sindh. Mr. Allah Ditto Khoso, Litigation Officer, SELD. **********

O R D E R

Adnan-ul-Karim Memon, J. – Through the instant Constitutional Petition, the petitioner seeks appropriate directions against the official respondents for the provision of basic civic amenities in his village, namely Ha ji Muhammad Deen Mari, situated near Thatta Cement Factory, Thatta, including medical and health facilities, electricity, water supply, and other essential public services. 2. In compliance with the order of this Court dated 17.02.2026, the learned Assistant Advocate General (AAG) has submitted a detailed report regarding the present status of the Government Boys Primary School, Muhammad Din Mari, Taluka Thatta. The report has been furnished on the basis of information provided by the Taluka Education Officer (Primary Male), Thatta, vide office letter No.173 dated 25.02.2026. 3. The report reflects that the subject school was de -activated by the competent authority through Notification dated 30.12.2021. However, on the intervention of local residents and pursuant to directions of the learned Sessions Judge in the year 2023, one Pr imary School Teacher (PST), Mr. Juman Khuman, was initially posted at the said institution by the then District Education Officer. Subsequently, another PST, Ms. Zahida Solangi, was also posted and is presently performing her duties at the school, thereby continuing the process of imparting education to the enrolled students. 4. At present, the school has 62 enrolled students, comprising 22 students in Class-I, 15 in Class -II, and 25 in Class -III. It is further reported that textbooks have been distributed at the commencement of the academic session and the students are being duly prepared for the forthcoming annual examinations.

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5. It is also stated that steps have been initiated for re -activation of the SEMIS ID of the school and the relevant case file ha s been forwarded to the Reform Support Unit through the Director, Schools Education (Primary), Hyderabad Region. With regard to infrastructure, the building of the school is reported to be in a highly dilapidated condition and, as such, the institution is presently being run in a temporary shelter arranged by the local community. The matter relating to repair and reconstruction falls within the domain of the Education Works Department, and coordination in this regard has already been made with the Executive Engineer, Education Works Division, Thatta, for necessary action. 6. The report further discloses that a tent earlier provided for school use is no longer available. Certain local villagers, including Mr. Muhammad Yameen Mari, have alleged that the said t ent and some fixtures were removed by the petitioner, Mr. Ahmed Nawaz Mari, who is also alleged to have extended threats and interference towards the teaching staff. Due to such alleged conduct, one male teacher, Mr. Juman Khuman, is stated to have opted for voluntary retirement. 7. It is further alleged that the petitioner created disturbances during the conduct of examinations and misbehaved with the examination staff. Complaints have also been submitted by local residents seeking his removal from the chairmanship of the School Management Committee and requesting that he be restrained from interfering in the affairs of the school. A statement of Mr. Muhammad Yameen Mari has also been placed on record, affirming that the school remains functional. 8. The le arned AAG has assured this Court that all concerned departments shall act with due diligence, sincerity, and promptness to ensure not only the proper functioning of the school but also the provision of adequate educational facilities to the students. It is further submitted that, if any misconduct on the part of the petitioner is established, the same shall be dealt with strictly in accordance with law. 9. We have heard the petitioner who is present in person as well as learned AAG on the subject issue and perused the record with their assistance. 10. The material placed on record reveals that while the institution is presently functional in a limited capacity, the infrastructure is in a severely deteriorated condition and requires urgent intervention by t he Education Works Department. The continuation of educational activities in temporary arrangements cannot be allowed to substitute the State’s constitutional obligation to provide safe, functional, and adequate educational facilities.

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11. Accordingly, it is directed that the Deputy Commissioner, Thatta shall depute the concerned Assistant Commissioner to conduct a detailed site inspection of the school, ascertain its functional status, and report specifically on the availability and adequacy of basic infr astructure and facilities. In case of any deficiency, the concerned departments shall ensure immediate remedial measures without unnecessary delay. 12. It is further directed that, during the pendency of such remedial steps, neither party shall be subjecte d to harassment or interference. The petitioner is specifically restrained from causing any disturbance to the teaching process, staff, or students, whereas the SSP, Thatta shall ensure that law and order is strictly maintained and that the educational env ironment remains peaceful and uninterrupted. 13. It is reiterated that the State is constitutionally bound under Article 25 -A of the Constitution to provide free and compulsory education and to ensure that public institutions function effectively with dign ity and safety. The neglect of infrastructure and administrative inefficiencies cannot be permitted to frustrate the fundamental rights of children residing in the area. 14. In view of the foregoing, and subject to the above observations and directions, this Constitutional Petition stands disposed of along with all pending application(s), if any. Let a copy of this order be communicated to the Deputy Commissioner, Thatta, the Secretary, Education Department, and the SSP, Thatta for immediate compliance. A compliance report shall be submitted before this Court through MIT-II within the stipulated period. JUDGE

JUDGE

Shafi

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