Karachi: The Sindh High Court (SHC) has directed the chief secretary to constitute a high level committee to examine as to whether 10 per cent inclusion of students/children coming from the lowest stratum of society is strictly followed and maintained in all such public schools and cadet colleges established through the public exchequer or not.
The direction came on a petition against increase in tuition fees and non-implementation of right to free and compulsory education law.
A division bench of the high court headed by Justice Salahuddin Panhwar observed that it had come on record that cadet colleges and public schools had been established through the public exchequer as land was provided to establish such institutes and funds released to raise the constructions thereon.
The high court observed that it had also transpired that a hefty sum was spent upon engaging faculties to help students excel in their respective subjects. The bench observed that as huge public funds were involved in public schools and cadet colleges, the education department should submit a 10-year record with regard to the amount/funds provided to the cadet college establishments, as well as public schools.
The SHC observed that the school education secretary along with college education secretary shall ensure that the cadet colleges and public schools that were funded/established by the province shall strictly maintain the policy for providing free and compulsory education to 10 per cent of deserving and needy students free of any kind of charge, as required under the Section 10 of the Sindh Right of Children to Free and Compulsory Education Act, 2013.
The high court observed that disadvantageous kids, preferably orphans, shall be given a priority to benefit from the explicit waiver by inviting applications only from the deserving and needy students coming from the lowest stratum of society through a centralised special board constituted for evaluating those cases.
The SHC observed that this board would set clear benchmarks for the deserving students and thereafter the cases of such successful candidates/students shall be referred to the respective colleges/schools for strict adherence to 10 per cent inclusion of the deserving and desiring students to ensure that marginalised communities and locals were not left out.
The high court observed that the committee shall also examine and submit a comprehensive report stating that under what authority or scheme of law, the cadet colleges that had undeniably been established through public exchequer were at liberty to run on a commercial basis by receiving huge fees from their students.
The bench observed that as public exchequer was involved, there shall be a definite policy for putting up a cap of reasonable fee structure/restriction, or else those schemes shall not be permitted to have been initiated at all.
The SHC further directed and tasked the committee that it shall also ensure that kids of the same locality where school/colleges were established shall be given preference when it came to admission to such colleges at concessional rates.
The bench observed that students belonging to faculty members may also be permitted to acquire free education in these public funded institutes but they shall not be counted and form part of the 10 per cent quota as prescribed under the Section 10 of the Sindh Right of Children to Free and Compulsory Education Act 2013.
The high court ordered that such exercise shall be completed within two months positively with compliance report through MIT-II of the court.
The committee shall consist of the school and college education secretaries, and chairperson of the Chief Minister Inspection Team (CMIT) Dr Shireen Narejo.
