Justice Shahid Waheed of the Lahore High Court earlier yesterday, dismissed a petition by Muhammad Iqbal, the head master of a public school, who had challenged a notice issued to him after the school’s grade 9 posted a pass result below 25 per cent.
The judge observed that the policy letter was a mode to keep a check on malpractice and hurdles in the way of upgrading the standard of education. He said it did not violate any constitutional provision.
Under the Constitution, Pakistan is a welfare state duty-bound to promote education and the economic interests of financially backward classes, the judge observed. He said the government was supposed to end illiteracy and provide free and compulsory secondary education to all citizens.
He said under Article 25-A of the Constitution, the state was bound to provide free and compulsory education to all children between 5 and 16 years of age in such a manner as may be determined by law.
On the LHC’s jurisdiction on policy matters, the judge held that it was a settled principle of law that under Article 199 of the Constitution the High Court does not interfere in policy matters, however, if a policy is in conflict with a provision of law or violates fundamental rights it could be challenged before the court.
The judge held that petitions against show cause notices were not maintainable and civil servants in disciplinary proceedings would have to wait till a final order was passed. He said the petition was not maintainable against intermediate stages or steps of department disciplinary proceedings. “I am clear in my mind that request made by the petitioner cannot be acceded,” said the judge, wrapping up the hearing.
