| Citation(s) |
|---|
| 2012 SLG 1132 2012 SLD 1132 2012 PLD 224 |
Supreme Court of Pakistan
Constitutional Petitions Nos.50 and 69 of 2011, decisiondated: 25-11-2011.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., KHILJI ARIF HUSSAIN AND TARIQ PARVEZ, JJ
Constitutional Petitions Nos.50 and 69 of 2011, decisiondated: 25-11-2011.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., KHILJI ARIF HUSSAIN AND TARIQ PARVEZ, JJ
FIAQAT HUSSAIN and othersvsFEDERATION OF PAKISTAN through Secretary, Planning and Development Division, Islamabad and others
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 25-A---Right to education---Education plays an important role in the successful life of an individual---Generally, education is considered to be the foundation of society which brings economic wealth, social prosperity, political stability and maintaining healthy population---Further progress of society is stopped in case of deficit of educated people---Educated people enjoy respect among their colleagues and can effectively contribute to the development of their country and society by inventing new devices and discoveries---Islam is a scientific religion emphasizing on the need of scientific inquiry---Need, purpose and kinds of education and as under the mandate of Quran and Ahadith, elucidated. (b) Constitution of Pakistan--- ----Arts. 270AA(8), (9), 25-A, 29, 7, 37(a) & 184(3)---Constitutional petition---Right to education---Duty of State---"State"---Definition---By virtue of Art.270AA(8)(9) of the Constitution [as substituted by Constitutional (Eighteenth Amendment) Act, 2010] the Concurrent Legislative List was omitted in pursuance whereof projects being run by the Federal Government in the Provinces, including Basic Education Community Schools were decided to be wound up---While assailing the proposal of such winding up prayer of the petitioners (fathers of students and employees of the Projects) was that the proposed action on the part the authorities of closing down "Establishment and Operation of Basic Education Community Schools" be declared to be without lawful authority and of no legal effect and be also declared to be in violation of Art.25-A of the Constitution and the proposed act of winding up of the National Commission of Human Resources may be held to be entirely unconstitutional and of no legal effect so as to allow the Commission to continue to perform the positive duty of providing basic human rights to the citizens of Pakistan, under Art.7 of the Constitution, and that the State including the Federal and the Provincial Governments, therefore, under Art.25-A of the Constitution, the Parliament, in view of the definition of the 'State' had not absolved the Federal Government from conferring the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492