KARACHI: The Sindh High Court has observed that the budget for orphanage board must be increased and directed the chief secretary of Sindh to ensure that a committee is formed to examine the issue and submit proposals to increase the amount.

A single bench of the SHC headed by Justice Salahuddin Panhwar also expressed resentment with the chief secretary for not complying with its earlier order to constitute a committee to give proposals for admission category for underprivileged students and formation of rules to implement the law for free education for 10 per cent students at every private school.

It asked the chief secretary that the committee about free education must be notified and this exercise must be completed preferably within one month and the chief secretary will personally supervise it.

In the last hearing, while hearing a petition of a woman against an orphanage in Karachi, the bench had issued several directives to the chief secretary, the secretary of endowment funds, the additional secretary of finance and others regarding proper implementation of laws meant for orphans and underprivileged students.

At the outset of the hearing, the additional secretary of endowment funds through a compliance report said that Oct 31, 2019 notification had covered 43 universities entitled to receive endowment funds.

He contended that a trust deed has been placed before the competent authority and preferably within one month the same will be registered and by that an amount of Rs1,418 million was to be invested in Pakistan Investment Bonds (PIB) in addition to Rs250m.

However, the additional secretary further maintained that the amount allocated for endowment funds had not been released properly by the finance department since last five years.

When the bench asked the deputy secretary of finance to respond, he submitted that there was a mechanism to release funds on need basis and recently they had released Rs250m and an identical amount would be released within one month.

The bench observed that since endowment fund cannot be used directly by the endowment department as such amount was to be invested in any profitable scheme and only markup/profit thereof was to be utilised through competent procedure which must always be open for an audit or accountability, adding that the object of the endowment fund was prima facie, to help the deserving one in completing their education.

The unfortunate position of poverty is a known secret, thus good resources/funds would always bring hope for students facing financial issues, it said and added that the amount, allocated for endowment of education, should not be withheld on any accord and the endowment department must smartly invest the amount in a month after receiving the same and report the finance department.

At this juncture, the secretary endowment funds contended that the province had been bifurcated in two parts, the criterion to approve endowment funds for Karachi was to be dealt with by IBA Karachi, whereas IBA Sukkur has been assigned to supervise the procedure for remaining parts of Sindh.

One of the amicus curiae pointed out that the endowment funds procedure was not providing scholarship at the time of admission and entitlement starts on basis of first-year result, thus such procedure was against the basic scope whereby poor students were to be accommodated.

The bench observed that the point needed consideration since if one student was deserving, then he/she should be helped at very initial level so as to avoid risk of prejudice to his/her entitlement for want of admission and first year fee.

However, student’s entitlement may be subject to future progress too, therefore, the additional secretary endowment funds must ensure that procedure was specifically advertised to provide scholarship even at the time of admission by preparing tentative list of those entitled for this endowment fund subject to their successful qualification for admission, it added.

“Further, public universities shall not cancel any admission if student moves application that he/she will prefer to avail funds as provided through endowment funds and that admission shall remain intact until endowment fund is received, however, endowment department shall ensure that funds are provided within two months after admission. Any failure on part of endowment department shall expose the concerned to legal consequences as well personally bearing damages, if any. Accordingly, board shall re-examine policy and streamline the same with this spirit. This direction shall be communicated to all universities as provided in list by the endowment department”, the bench in its order said.

Pursuant to the earlier order, the deputy secretary of finance department submitted details including complete structure of endowment fund, the bench said that the same was not separately specifying for schools and colleges. Therefore, the secretary finance was directed to ensure that specific and department-wise breakup must be filed with regard to last five years.

About the criterion of endowment fund, the board would be competent to examine the issue of trans girls in similar fashion as orphans and disabled are specified five per cent special allocation, it added.

The secretary of schools education sought more time to place on record school endowment funds received over the past 10 years, but he contended that the amount available in endowment fund was not utilised.

The bench expressed surprise over non-utilisation of funds and observed that unless the funds were utilised (invested) there can be hope of any step towards the object of endowment fund.

Therefore, secretary schools shall ensure that endowment fund was deposited in any profitable scheme in the like manner as college education endowment fund and by creating a trust.

Police asked to implement child protection laws

It also directed the provincial police officer to direct all the police stations through SSPs to implement the Orphanage Act, Child Protection Authority Act and Domestic Violence Act.

The bench also asked the member inspection team (MIT) of the SHC to ensure that the magistrates concerned were notified and compiled reports must be submitted with regard to their visits to shelter homes and recommendations regarding any malfeasance.

It directed the director general of the Child Protection Authority to file the compliance report on Feb 24 regarding an order issued on last hearing.

In the previous hearing, the DG Child Protection Authority admitted that there was no mechanism yet with regard to surveillance and reunion of orphans in private shelter homes like Edhi, Chhipa, Sarim Burney, Kashan-i-Atfal, S.O.S Village, Karachi, Fairy Home (Sukkur) and others as well as registration process of private NGOs was also yet to be completed and comprehensive data with regard to receiving/admission of orphans with private NGOs was to be compiled.

Therefore, the bench observed that in absence of the verified data, there can be no assurance of well-being of a child as only a registered/enrolled child can hope for rights and privileges which the relevant laws speak about and directed the quarters concerned to expedite the matter and ensure registering/enrolment of children with private NGOs.

Published in Dawn, January 26th, 2020