LAHORE: The Lahore High Court has expressed its displeasure over inordinate delay in framing of rules under the Punjab Free and Compulsory Education Act 2014 despite a judicial order and summoned the School Education Department secretary to explain his position.

“This court has already highlighted its concerns in judgment regarding regulatory capture, etc, therefore, no indefinite time can be allowed to implement the judgment of this court,” Justice Raheel Kamran noted in his written order issued on Thursday about the hearing on a petition seeking contempt proceedings against the chief secretary.

Petitioner Zeeshan Hammad alleged violation of a LHC judgment passed on Feb 1, 2024, with a specific direction to the Punjab government to fulfill its obligation and frame rules prescribing criteria for determination of disadvantaged children or payment of vouchers and the manner of maintenance of record under the Punjab Free and Compulsory Education Act, 2014.

Hearing the petitioner at the Multan bench, the judge had summoned the School Education Department secretary to appear in person. However, a law officer for the department told the court that the secretary was busy in connection with other engagements at Lahore, therefore, he could not travel to attend the proceedings.

Summons SED secretary

He submitted a report on the progress in the implementation of the judgment.

Justice Kamran rejected the report as unsatisfactory.

“What is at stake, is the fundamental rights to free and compulsory education of children between the ages of five and 16 years,” the judge observed, lamenting that almost 25 million children in the country are out of schools.

He maintained, “It is primarily responsibility of the State to provide for them free and compulsory education and what the Act seeks to do is only shoulder the State in discharge of such responsibility to the extent of 10pc students.”

The judge gave a final opportunity to the provisional secretary to appear in person at the next hearing with categorical instructions and timeframe within which the rules to be framed and in compliance of the judgment, shall be laid before cabinet in its next meeting for approval.

The hearing will be resumed on Nov 27.

Published in Dawn, November 22th, 2024