• The Lahore High Court (LHC) ordered the Punjab government to establish the Free Education Act, 2014.
• The DRA CEO noted voluntary compliance by leading schools in Okara despite the lack of regulations.
• The Sahiwal education board was directed to ensure proper exam registration for the school’s students.

The Lahore High Court (LHC) has instructed the provincial government to create regulations aligned with the Punjab Free and Compulsory Education Act, 2014, to ensure private schools comply with the law.

Justice Raheel Kamran Sheikh raised concerns about the absence of regulations even ten years after the enactment of the law. He noted that the private education sector, which was expected to contribute to the education rights of underprivileged children, had benefited from the government’s failure to act.

“At best, it shows an obvious neglect of the government, whereas, at worst, it may well be a case of regulatory capture warranting inquiry,” the judge stated.

These comments were made in a verdict issued on a petition filed by a private school regarding the denial of a registration certificate in Sahiwal. Justice Raheel Kamran Sheikh emphasized that access to free and compulsory education is a fundamental right universally recognized for every child.

The LHC judge emphasized that the state is responsible for guaranteeing free and compulsory education for all children aged five to 16 years, as mandated by the inclusion of Article 25-A in the Constitution.

Justice Sheikh emphasized that despite the enactment of legislation for free education by the Punjab Assembly in 2014, the court found it difficult to comprehend how underprivileged children could be denied their fundamental right to education because of the government’s delay in formulating and notifying regulations to fulfill its obligations.

The Beaconhouse School System in Okara petitioned the provincial apex court after being denied a school registration certificate or E-license for affiliation with the Board of Intermediate and Secondary Education (BISE) Sahiwal. Additionally, it contested the decision to refuse permission for its students to participate in the board’s examination.

The school’s legal representative contended that the District Registration Authority (DRA) enforced penal measures in the absence of regulations under Section 13(b) of the Punjab Free and Compulsory Education Act, 2014. This section delineates the obligations of private schools concerning free education.

The CEO of DRA mentioned that despite the government’s failure to establish any regulations for implementing Section 13(b) of the Act, leading schools in the Okara district voluntarily adhered to the stipulated requirements.

He further stated that if the petitioner furnished information in a similar fashion, the DRA would promptly extend the school’s registration. Justice Sheikh granted the petition and reversed the decisions made by both the DRA and the commissioner.

He instructed them to ensure the registration of the petitioner’s school if all conditions, except those outlined in Section 13(b) of the Act, were fulfilled.

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Additionally, the Sahiwal education board was instructed to ensure that students from the petitioner’s school were appropriately registered for secondary examinations.

Furthermore, the judge directed the government of Punjab to fulfill its obligation by formulating regulations, which should include criteria for identifying disadvantaged children or the provision of vouchers, and detailing the process for maintaining records of children under the law. He requested a compliance report within one month.