Case Details

Citation(s)
2014 SLG 1866 2014 SLD 1866 2014 CLC 1810
Balochistan High Court
Constitutional Petition No.440 of 2011, decision dated: 7-07-2014.
QAZI FAEZ ISA, C.J. AND MUHAMMAD EJAZ SWATI, J

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MAHER GUL

VS

GOVERNMENT OF BALOCHISTAN, EDUCATION DEPARTMENT through Secretary and 2 others

Law:

Section:

Constitution of Pakistan-------Arts. 25A & 199 ---Constitutional petition---Free and compulsory education for children in Balochistan---Ghost schools in Balochistan---Repair/renovation of schools, contracts for---Contracts awarded without publication---Pilferage and fraud---Collusion of education department officials---Substantial amount of money had been allocated for repair/renovation of schools in a certain district of Balochistan, however inquiry committee formed to probe into the matter found that repair/renovation of schools in some areas, where no schools existed, had also been paid for; that repair/renovation of some schools had not been carried out at all, and in respect of some schools no record existed---No action appeared to have been taken against the responsible officers and the contractors who had been paid for the works---Such inaction demonstrated the Government's lack of desire to stem pilferage and fraud and reflected sadly on the Government---Possibility of collusion of District Education Officers could not be excluded as in many areas where schools were stated to exist, they had not even been built or the school building was in the illegal possession of some influential person of the area---Overwhelming majority of schools in the Balochistan province had not been entered in the revenue record---Substantial number of children in Balochistan were being deprived of their Fundamental Right to free and compulsory education---High Court directed that each and every primary, secondary and high school should be photographed and their global positioning coordinates should be determined; that Provincial Government of Balochistan should record particulars of all schools, including the respective area of land, in the revenue record, and in such regard the concerned District Education Officer should approach the revenue staff for doing the needful; that in case the District Education Officer or revenue officer did not pursue the matter or make the requisite entry the Government should initiate disciplinary action against them; that names of all teachers appointed/posted at all schools should be inscribed at a conspicuous place within each school;…
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