| Citation(s) |
|---|
| 2019 SLG 203 2019 SLD 203 2019 PLD 28 |
Lahore High Court
I.C-A. No. 96 of 2016, decision Dated: 14-09-2017. hearingDated: 24-05-2017.
SHAMS MEHMOOD MIRZA, JUSTICE MUZAMMAL AKHTAR SHABIR, JUSTICE THROUGH CHAIRMAN
Petitioner(s) by: Mehboob Azhar Sheikh and Ali Masood Hayat, Mian Shakil Ahmad, Sheraz Zaka, Ch. Majid Hussain, Muhammad Shahid Siddique Chaudhry, Aftab Manzoor Majoka, Qazi Muhammad Arshad Bhatti, Asif ur Rehman, Mian Muhammad Saeed, Abdul Sattar Junaid,
I.C-A. No. 96 of 2016, decision Dated: 14-09-2017. hearingDated: 24-05-2017.
SHAMS MEHMOOD MIRZA, JUSTICE MUZAMMAL AKHTAR SHABIR, JUSTICE THROUGH CHAIRMAN
Petitioner(s) by: Mehboob Azhar Sheikh and Ali Masood Hayat, Mian Shakil Ahmad, Sheraz Zaka, Ch. Majid Hussain, Muhammad Shahid Siddique Chaudhry, Aftab Manzoor Majoka, Qazi Muhammad Arshad Bhatti, Asif ur Rehman, Mian Muhammad Saeed, Abdul Sattar Junaid,
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION THROUGH CHAIRMANVSAYESHA THROUGH ABDUL RAZZAQ AND 3 OTHERS
Law: Punjab Free and Compulsory Education Act, 2014
Section: 5
Punjab Free and Compulsory Education Act (XXVI of 2014)-- ----S. 5---Punjab Education Code, Art. 29---Calendar of Board of Intermediate and Secondary Education Lahore, Chapter 19, R. 1-A---Constitution of Pakistan, Arts. 9 & 25-A---Right to education---Words 'in such manner as may be determined by law'---Age for education---Scope---Board of Intermediate and Secondary Education was aggrieved of passed by Single Judge of High Court whereas application of Rules pertaining to minimum age limit for appearing in Secondary School Certificate Examination was suspended---Validity---Provision of Art.25-A of the Constitution only dealt with compulsory duty of state for furnishing or providing children of 5 to 16 years with free education---Article 25-A of the Constitution did not clearly specify or lay down that only children of 5 years of age would be admitted to Class-I---Manner of providing education was to be determined by law but Art.25-A of the Constitution did not call for restricting right of a child to receive education by imposing age restriction---Words 'in such manner as may be determined by law' meant the way in which a thing was required to be done or was to be achieved through promulgation of law---Punjab Education Code was simply a code followed by Boards but it was not made under authority of any Statute or Act---At the most, Punjab Education Code could be treated as Code containing directions for regulating education sector---Neither Board nor any other person or authority could be declared to be bound to follow same to exclusion of other powers vested in Board or in violation of rights of parties---Abilities of children of particular age could not be taken into consideration for applying age restrictions as same would tantamount to restricting right of an individual to receive education which was his fundamental right and was included in right to life provided in Arts. 9 & 25-A of the Constitution---Board's Committee was not empowered to impose restriction on education that was neither provided by Constitution nor by Punjab Free and Compulsory Education Act, 2014---Decision of Board to impose age restriction on education by restricting admission to…
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