SHC orders recovery of Rs34.5m issued to 11 undeserving students on CM’s directive
KARACHI: The Sindh High Court on Tuesday expressed resentment towards provincial authorities after it was informed that an amount of Rs34.5 million was released for scholarships of 11 students by the finance department on the directive of the chief minister of Sindh despite the objection of the department concerned that such cases did not fall within the ambit of the endowment funds.
A single bench of the SHC headed by Justice Salahuddin Panhwar directed the chief secretary of Sindh to ensure that all such illegal scholarships not endorsed by the secretary of education and schools education endowment department must be recovered from the 11 persons/students as they never fell within the criteria of orphans and poor.
The court warned that in case of failure, the authorities who exercised their powers and jurisdiction will have to come forward to own the legal consequences.
The bench said that as per record submitted by the additional secretary of endowment funds, Rs34.564m was approved by the finance secretary on the direction of the chief minister while the endowment funds department objected in their summaries categorically that such cases were not covered under the criterion of the endowment funds and these students were also not falling within the category of poor/orphan.
The request for these 11 summaries was turned down by the endowment fund department, but despite that through a special note prepared by the finance department on the direction of the chief minister the amount was released to the individuals, it added.
The additional secretary of the finance department also contended that they had worked out a plan to comply with earlier orders of the court regarding a mechanism even before admission in any university or college regarding scholarships.
The bench took the contention on record as undertaking and said that such mechanism would be placed on record at next hearing on Feb 11.
On the matter of allocation of funds for the college education department, the advocate general of Sindh sought time to submit a compliance report with regard to break-up of funds.
He also undertook that a model established by the college education fund will be followed by the school education department as well.
Accordingly, the bench directed the secretary of schools to ensure the compliance and submit a report.
The bench also issued several directions regarding the conditions of shelter homes and also asked the director general of the social welfare department to submit a report regarding shelter homes as well as about shifting of seven girls from a shelter home in Clifton to a shelter home of the department in Gulshan-i-Iqbal.
The order was issued after a murder case of a girl was registered against a woman and the administration of the private shelter home.
The SP Gulshan Town and AIGP (legal) also filed reports in this regard and informed the bench that five police women constables had been posted at the Al-Banaat Orphanage centre maintained by the social welfare department.
The bench also directed the chief secretary that any institution falling within the private sector must not be made part of board of governors of the endowment fund as it was completely in
conflict with the endowment fund scheme since they were the beneficiaries and there was a chance that they could influence to get maximum benefit.
The court also directed the DG Nadra to depute any responsible person to submit a report so that a mechanism for orphans nestled in orphanage centres can be built and verified with the record of Nadra.
The DG social welfare department and DG Child Protection Authority were also asked to ensure that all orphanage centres were registered within three months and in case of failure that act would be deemed as pejorative act on their part.
Published in Dawn, February 6th, 2020