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Official Citation: 2024 SHC 32
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-01-25
Parties: Pervaiz Ali vs Province of Sindh
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-01-25, officially reported as 2024 SHC 32. In this matter between Pervaiz Ali and Province of Sindh, 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.
Case cited as 2024SHC32
Court Name: Sindh High Court Judge(s): Salahuddin Panhwar, Abdul Mobeen Lakho Title: Pervaiz Ali vs Province of Sindh Case No.: C.P. No.D-84 of 2023 Date of Judgment:2024-01-25 Reported As: 2024 SHC 32 Result: Petition Allowed
JUDGMENT
JUDGMENT Salahuddin Panhwar, J.- "Education" is the Movement from Darkness to Light "Allan Bloom" This Court, in exercise of jurisdiction bestowed under Article199 of the Constitution of 1973, or while exercising Civil original or appellate jurisdiction, has repeatedly been hammering this issue by rendering a number of judgments, borne of legal, purposeful and meaningful deliberations, which have shaped the legal landscape concerning education in the province, with a specific focus on rural and the underprivileged people and areas. This present judgment stands as a compilation, drawing from the wellspring of decisions delivered by this Court, each contributing to the overarching mission of uplifting the education sector, particularly addressing the poignant issue of closed schools in the province and education as a whole, which would eventually pave the way for a prosperous future for generations. The legal journey begins with a resounding commitment to equal educational opportunities for all, irrespective of geographical location or socio-economic status. The Bench, echoing sentiments from landmark judgments, to be discussed herein below, has consistently reaffirmed that education is not a privilege reserved for urban centers, but an inalienable right, that, must permeate even to the remotest corners of Province of Sindh. 2. By this judgment, we intend to decide captioned petition wherein petitioner Pervaiz Ali Khaskheli claimed that running Government Boys Primary School Pandhi Khan Khaskheli, bearing SEMIS Code 416030034, has been deleted from the database by the concerned Department; besides, bio- metric attendance of the only teacher posted at that school has been changed without informing
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him. Hence, he prayed that this court may direct the respondents to restore that running school and make corrections in bio-metric attendance of teachers posted there so that children may not be deprived of from their basic right and their future can be saved. PROCEEDINGS OF THE PETITION 3. Before proceeding further, it is essential to reproduce order dated 01-03-2023 passed in C.P.No.D-84 of 2023, same is reproduced herewith; "Pursuant to order dated 28.02.2023, Chief Advisor, Curriculum Wing, present contends that after review committee meetings to adopt single curriculum, they have approved Mathematics, English, General Science and Computer Science and such summary has been approved by Worthy Chief Minister, Sindh. Accordingly, that shall be applied from the academic year 2024-2025, positively. Chairman, Sindh Text Book Board, shall ensure printing of books. In case of failure, that act will be considered as pejorative act liable to be initiated under contempt proceedings. With regard to SNE(s), it has come on record that thousands seats of teachers are yet lying vacant. According to Special Secretary (Education), he has submitted tabular form at Serial No.1 & 3, which is Primary School Teachers and Junior Elementary School Teachers and in this regard it is asserted that they have advertised in twenty (20) Talukas for fresh recruitment and such process will be completed preferably within three months. With regard to Column No.2 & 4, Special Secretary (Education) contends that they submitted requisition to the Sindh Public Service Commission (SPSC) for appointment; however such requisition was required to be updated by adding the rest of seats which are around 2300. Accordingly, such requisition be sent within a week to Sindh Public Service Commission (SPSC), who shall ensure that all requirements in Education department are completed within three months within same spirit as decided by this Court in 2ndAppeal No.32 of 2017. With regard to Column No.8 & 9, Special Secretary (Education) contends that due to pendency of lis, such posts are not fulfilled; however the lis attained its finality and in view of observation of Apex Court, the committee shall hear the applicants and in case, they are qualified, they shall be accommodated. According to him, that list was consisted upon 1037 candidates and out of 1037 candidates, they have appointed 196 candidates as genuine and they have been appointed, rest of them have been declared as fake. Accordingly, posts of Early Childhood Teacher (ECT) and other cadre teachers shall be fulfilled through fresh advertisement within three months through 3rdparty testing agency up to grade-15 and rest of appointments shall be made through Sindh Public Service Commission (SPSC) in similar way. Further in compliance of above referred order, Directors of all regions are present. They have submitted that there is3rdcomponent, structure in high and higher secondary schools; however, that is to be reorganized by the Education department. According to Director (Schools), Sukkur, there are 165 posts of Agro Technical, Workshop Instructors, Commerce Instructors, Assistant Workshop Instructors and that posts are of the grade-10 to 17; in Larkana Region, 102 posts are lying vacant as total sanctioned posts are 326 and rest are lying vacant. In Karachi Division, total sanctioned posts are 117 wherefrom 56 are lying vacant. In Mirpurkhas Division, total sanctioned posts are 179, whereas, 49 are still lying vacant; in Shaheed Benazirabad 142 posts are lying and in Hyderabad 128 posts are sanctioned; however out of them, 46 instructors are working whereas rest of same are vacant. On query, it has come on record that despite of that third component showing in academic record of marksheet of Matric and Intermediate, this component is without syllabus since its inception. Chief Advisor, Curriculum Wing, Government of Sindh present contends that this issue was raised by Secretary (Education and Literacy Department), Government of Sindh and in this regard she has submitted they communicated with STEVTA with regard to their expertise and she submitted
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curriculum. We have examined the same. According to curriculum offered by STEVTA, existing posts in Education department are not applicable and those appointments cannot be part of education course as provided by STEVTA. This Court takes judicial notice of this alarming situation when admittedly in more than thousand schools, workshops are available as well instructors but that component is without syllabus hence how they can part education. At this juncture, Chief Advisor, Curriculum Wing, contends that STEVTA provides course with regard to internet of things and that aspect covers digital education, hence that can be adopted in all high and higher secondary schools with fresh recruitment on sanctioned posts as well as to provide computer labs at the places of workshops. Accordingly, Secretary (Education and Literacy Department) shall form a committee and that shall include Mr. Muhammad Memon, Ex-Chairman, Hyderabad Board, Mr. Piyar Ali Lakho, Additional Secretary (Education Department), Dr. Fozia Khan, Chief Advisor, Curriculum Wing, Government of Sindh and Piyaro Khan, Director Curriculum Wing and they would be competent to nominate their members if required and that committee shall submit mechanism with regard to 3rd component within ten (10) days. With regard to closed/deleted schools, inspection was carried out. Being relevant, paragraph-1 is reproduced as under:- "Director Education Officer, Larkana Region, in his report contends that there are 636 schools were declared non-viable; however, out of them, 322 schools are viable and they have opened 59 schools. In similar way, Director (Primary) Sukkur provides details of 13 declared closed/deleted schools and undertakes that such schools will be opened at an earliest without fail. Besides, Director (Primary) Hyderabad, in his statement annexed with certain documents, contends that there are 1263 schools were declared as non-viable, out of them 242 schools have been opened; however rest of 319 schools will be opened. DEO Sanghar, in his statement, contends that there are 479 schools are closed; however they have opened 78 schools and rest of schools will be opened immediately. DEO Naushahro Feroze contends that there are 325 schools are non-viable; however they have opened 145 schools and rest of them will be opened soon. These all exercises regarding opening/ make viable of schools shall be completed within a period of two months, positively; however subject to availability of SNE(s). In case of failure, contempt proceedings would be initiated against delinquent officer (s)". It is further agitated by learned Counsel for the Petitioners, they found that there was non- availability of buildings and teachers, though big numbers of students were available. In these circumstances, we have no option but to direct District and Sessions Judge(s), who will depute Magistrate(s) and direct them to visit all closed/ deleted schools along with DEOs (Primary) and submit report in terms that:- (i) Whether closed schools were within vicinity and having sufficient facility of school easy access to them (ii) Whether schools are closed due to non-availability of teachers. (iii) Whether closed/ deleted schools were justified to be closed by the Education department due to SNE(s) issues; (iv) Magistrate(s) would be competent to call Directors (Education), TEO to conduct such exercise. Needless to mention that this exercise shall be completed within ten (10) days and accordingly submit report before this Court through Additional Registrar. It is pertinent to mention that learned Magistrate(s) shall respect teacher(s) and this exercise shall b completed while maintaining dignity of teaching profession. Learned AR of this Court shall ensure compliance. Adjourned; to come up on 14.03.2023; to be taken up at 09:30 a.m., when Director General Monitoring and Evaluation, Education and Literacy Department, Government of Sindh, shall be in attendance without fail."
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4. Prior to the above order dated 01-03-2023, On 02.02.2023, learned AAG filed comments of DEO (Primary), Naushero Feroze, wherein it was contended that the said Primary School Teacher is continuously working at i.e. GBPS Pandhi Khan Khaskheli; however, due to error in biometric system, his posting is flashing in another school and in this regard, they have approached the concerned Department for its rectification on this admission. The matter was adjourned to 09.02.2023, with direction to Director (School) Nawabshah and Sukkur Region to submit the list of deleted/ missing/ closed schools in their regions. Accordingly, DEO Naushahro Feroze appeared and submitted compliance report wherein it was stated that biometric of concerned teacher has been rectified. Further in compliance of aforesaid order, DEOs (Sukkur and Shaheed Benazirabad) submitted that due to non-availability of teachers, schools fall under the category of deleted/missing/closed schools and submitted charts in this regard. It shall be conducive to reproduce such charts as under:- "Directorate of School Education (Primary) Shaheed Benazirabad S.No Division District Total No Of viable schoolsTotal No. of Schools decided to be re- opened By the committeeRemaining schools (4-5)Remarks 1 Shaheed BenazirabadNaushahro Feroze325 145 176 2 Shaheed BenazirabadSBA 168 16 152 3 Shaheed BenazirabadSanghar 499 204 295 Total 992 365 623 District Wise Summary of Progress report of Non-Viable Schools List of Deleted/Missing/Closed Schools of Sukkur Region Sr. No. Name of DistrictNumber of School Deleted/ Missing/ Closed 01 Sukkur 13 02 Khairpur 112 03 Ghotki 94 Total 219 5. Further, it came on record that due to non-availability of teachers, non availability of buildings and/or non-availability of students, schools in whole Sindh have been declared within the category of deleted/ missing/ closed schools including the school in question, which, due to mistake in biometric system of the remaining school having same code, was also shown in the deleted category, as such, we deemed it appropriate to take judicial notice to examine the policy of deleted/missing/closed schools. Accordingly, this court by order dated 01-03-2023, directed the District & Sessions Judge(s) to depute Magistrate(s) with direction to visit all closed/missing/deleted schools along with DEOs (Primary) and submit report in the following terms;
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i. Whether closed schools were within vicinity and having sufficient facility of school easy access to them; ii. Whether schools are closed due to non-availability of teachers; iii. Whether closed/deleted schools were justified to be closed by the Education Department due to SNE(s) issues; iv. Magistrate(s) would be competent to call Directors (Education), TEO to conduct such exercise; 6. The learned District & Sessions Judges through concerned Magistrates visited the schools and submitted their compliance reports on the prescribed proforma after visiting the closed schools. The relevant paras of the compliance reports which are based on the visit reports submitted by the Magistrates are reproduced hereunder: - DISTRICT KASHMORE @ KANDHKOT TALUKA KANDHKOTIn all thirty-six Primary Schools were closed/deleted by the reasons mentioned in column No.11 of the report. After submission of report by the concerned Taluka Education Officer (Primary), undersigned paid the visit to the above cited schools along with District Education Officer (Primary), Taluka Kandhkot and found that above all the schools were closed/deleted and all the schools were falling in above cited categories i.e. close schools were within vicinity and having sufficient facility of school easy access to them, schools are closed due to non-availability of teachers and closed/deleted schools were justified to be closed by the Education Department due to SNEs. TALUKA KASHMOREIn this report 71 schools have been shown closed due to non-availability of teachers while 24 have been shown closed to be decided by the committee to delete the schools. TALUKA TANGWANIThis report shows 28 closed/deleted schools. According to report all the schools were falling in above cited categories i.e. close schools were within vicinity and having sufficient facility of school easy access to them, schools are closed due to non-availability of teachers and closed/deleted schools were justified to be closed by the Education Department due to SNEs. DISTRICT JAMSHORO
TALUKA KOTRI In this taluka 09 schools have been shown closed due to non-availability of teachers but there is no issue of SNE. TALUKA SEHWAN In this report 35 schools have been shown closed/deleted due to non-availability of teachers despite of availability of building and other facilities for functioning of schools. TALUKA THANA BULA KHANThis report shows 57 school are viable but closed due to shortage of teacher, however eight schools are closed due to damage, non-availability and worst condition of the schools. It further reveals that SNE is available despite that the schools are not functional. JAMSHORO 08 schools were found closed due to issue of SNE
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DISTRICT JACOBABAD
TALUKA JACOBABADIn the report 43 schools have been shown non functional/temporary closed and reasons assigned for closing of school is non-availability of teachers, non- availability of buildings and destruction of buildings. TALUKA THUL The report shows 62 non-functional/temporary closed schools for the reasons of non-posting of teachers, non availability of buildings.
TALUKA GARHI KHAIROThe report shows that 49 schools have been visited, from which 08 schools have been reopened but have not been made functional. However, the reasons for closed schools is deletion of school and non-availability of teachers.
DISTRICT TANDO MUHAMMAD KHAN
TALUKA TANDO MUHAMMAD KHAN12 schools have been shown closed/deleted due to merging, non-availability of building, no population in the village and one school is found bogus. While four schools were found closed due to retirement and non posting of teacher. TALUKA BULRI SHAH KARIMThe report shows that 69 school are closed and 55 are deleted. While out of 12 Girls Primary School are closed and 06 Girls Primary Schools are deleted. Further the reason of close/delete schools is non-posting of teachers
DISTRICT DADU
TALUKA DADU 16 schools shown to be visited, from which 08 schools have been re-opened while 08 have been shown closed due to non-availability of building and teachers despite of enrollment of students. TALUKA MEHAR The report shows three shelter-less school, one is in dilapidated condition, six are closed due to non availability of teachers, and 21 have been deleted. TALUKA KHAIRPUR NATHAN SHAHReport shows that 10 girls primary schools are closed due to non-availability of building and non-posting of teacher. However, 15 boys primary schools are closed due to non- availability of building and non-availability of teachers.
TALUKA JOHI The reasons assigned for closing of six schools due to no population and deletion of schools.
DISTRICT UMERKOT
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TALUKA UMERKOT67 boys primary schools have been shown to be closed due to non-availability of teachers from which 12 schools are non-viable, however, 58 girls primary schools have been shown closed/deleted due to non-posting of teacher and the schools deleted. TALUKA SAMAROIn this Taluka, according to report 36 boys and 36 girls primary schools are closed due to non-availability of teachers while 28 schools have been deleted. TALUKA PITHORO In the report 66 boys and 24 girls primary schools are closed due to non-availability of teachers while 69 boys and 39 girls primary schools have been deleted. TALUKA KUNRI In this Taluka 17 schools are closed due to non-issuance of SEMIS Code.
DISTRICT SHAHEED BENAZIRABAD
TALUKA SAKRANDEight schools have been shown to be closed due to no SNE and non-availability of teachers. TALUKA NAWABSHAHSchools have been shown closed due to non-posting of teachers. TALUKA DAUR 26 schools have been shown closed due to non-availability of building, non-viability of the building and non-availability of teachers. TALUKA KAZI AHMED30 schools have been shown to be visited and closed due to non-availability of teachers, merging of schools.
DISTRICT MITHI
TALUKA DIPLO In this Taluka, during visit 19 schools have not been found, while 25 schools are found closed due to non-availability of teachers, Bio-metric issues and two schools were not found. TALUKA KALOI In the report 15 schools have been shown to be deleted and non-viable and non-availability of buildings. 07 boys and 03 girls primary schools from which record of two schools was not found and due to non-availability of building and teacher. 02 schools have been shown deleted as not record was found. However, 24 girls primary school have been shown to be closed due to non-availability of teachers. TALUKA MITHI In the report 16 schools have been shown closed on the ground that there is no need of the school in the area. TALUKA ISLAMKOT70 schools have been shown closed due to non-availability of teachers
DISTRICT THATTA
THATTA In the report 171 schools have been shown closed for the reasons that the schools are not available, non-availability
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of teachers, deleted due to non-availability of building, non-availability of students, building not found and the schools are non-viable. 22 more school have been shown closed due to no building, dangerous building and non- posting of teacher. MIRPUR SAKRO AT GHARO11 + 79 schools have been shown closed/deleted due to non-availability of teachers, damaged building, despite of availability of building and other facilities for functioning of schools. KETIBUNDER 51 schools have been shown closed due to non-availability of building, infrastructure, non-posting of teacher and merging of schools. KEENJHAR LAKE 22 schools have been shown closed due to non-availability of building, infrastructure, non-posting of teacher and merging of schools.
DISTRICT HYDERABAD
HDYERABAD According to report 28 Girls and 81 Boys primary schools are closed due to SNE.
TANDO MUHAMMAD KHAN
TANDO MUHAMMAD KHANReport shows that 16 boys and girls primary school are deleted/closed due to non-posting o teacher, merging of school and bogus school. BULRI SHAH KARIMThe report shows that 69 and 55 schools are closed and deleted respectively. It further reveals that 12 & 6 girls primary schools are closed and deleted due to non- availability of population, non-existence of village and non- availability of teachers. TANDO GHULAM HYDERAccording to report 45 & 31 boys primary schools are closed and deleted respectively while 15 and 05 girls primary schools are closed and deleted respective due to non- availability of population, non-existence of village and non- availability of teachers.
DISTRICT TANDO ALLAHYAR
TALUKA JHANDO MARIIn the report 09 schools have been shown closed/deleted for different reasons including non-availability of teacher and building. TALUKA TANDO ALLAHYARThe report shows that one school was visited and the building of the school is not available. TALUKA CHAMBARReport shows 24 schools closed due to non-availability of teachers, furniture, SNE, non-availability of building
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DISTRICT SHIKARPUR
SHIKARPUR The Magistrate visited 26 schools, from which 17 are not possessing proper building and one school is occupied by villager while in the remaining 08 schools teachers are not posted. LAKHI GHULAM SHAHAccording to report 19 schools were visited and 13 were not found functioning due to non-posting of teacher. KHANPUR 40 schools were visited from which 17 are not in proper buildings, found in the Katcha area and closed due to non- posting of teachers. One of the school is in possession of a villager. GARHI YASEEN 21 schools visited and 13 found closed due to deletion of SNE and non-posting of teachers. In all 115 schools were visited in this district from which 77 were found closed.
DISTRICT LARKANA
TALUKA LARKANATwo male and four female schools were visited and found closed, from which five were found closed due to non-posting of teacher. TALUKA BAKRANI11 schools were visited and found closed due to non- availability of teacher. TALUKA DOKRIOne school was found close due to non-posting of teacher. TALUKA RATODERO11 schools were visited and found closed due to non- availability of building, occupation of one building by villager and non-posting of teacher.
DISTRICT MATIARI
TALUKA MATIARIIn the report 68 schools have been shown closed due non- availability of teacher and deletion of schools. TALUKA HALA 16 Schools were visited from which 03 were deleted and remaining 13 were found closed due to issues of building, furniture and non-posting of teacher. TALUKA SAEEDABADReport shows 37 schools closed due to non-availability of teachers.
DISTRICT GHOTKI
TALUKA GHOTKI19 schools were visited and found closed due to non-availability of teachers while some of the schools are non-viable. TALUKA MIRPUR MATHELOAccording to report 21 schools have been deleted due to non- availability of teachers, while 26 schools were found closed due to population reasons.
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TALUKA DHARKI72 schools are closed as deleted. TALUKA UBARO44 schools were visited and found closed due to building issue and non-posting of teachers.
DISTRUCT NAUSHEROFEROZE
TALUKA NAUSHERO FEROZAccording to report 43 schools were visited and found closed due to non-posting of teacher and occupation of school building. TALUKA MORO31 schools visited and found closed due to non availability of teachers. TALUKA BHIRIA CITY18 schools were found closed due to building issue and non- availability of teachers.
ALUKA KANDIARO69 schools were visited and found closed due to non- availability of teacher and building issues.
DISTRICT KAMBER SHAHDADKOT
TALUKA KAMBERAccording to report 22 schools are closed due to building issue and non-posting of teachers, while 22 schools are closed as SNE is not sanctioned, there is no building and teacher. TALUKA SHAHDAD KOTDuring visit 14 schools were found closed due non-posting of teacher and building issue.
TALUKA QABU SAEED KHANReport shows 50 schools found closed due to non-availability of teachers and building issue.
TALUKA NASEERABAD28 schools were found closed due to non-posting of teachers and building issue and no SNE is sanctioned. TALUKA WARAH49 school were found closed due to non-posting of teacher and building issue.
DISTRICT SANGHAR
TALUKA SANGHARIn the report 32 schools have been shown closed/deleted due to non-availability of teacher. However, 40 schools were deleted/closed due to non availability of building. TALUKA JHOL The report shows that 90 schools were visited, most of them are closed as non-viable and few, some have dual semis code and…
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