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PLJ 2005 Lahore 423

SARDAR MUHAMMAD FAROOQ ABBASI vs FEDERATION OF PAKISTAN and

CitationPLJ 2005 Lahore 423
CourtLahore High Court
Case No.W.P. No, 2601 of 2003
Date2004-07-13
Judge(s)Ali Nawaz Chohan
ResultOrder accordingly

ORDER

Petitioner in this case has filed this petition which is a public interest litigation precisely stating that the educational institutions whether working under the Islamabad Capital Territory/the Federation or under the Punjab Province were exploiting the public by charging colossal amounts of fee without providing proper service.

2. The petitioner is seeking directions against the Federal Government so that the Federal Government takes immediate steps for promulgation of a law in this connection. Learned counsel refers to a draft Act already prepared by the Ministry of Education, Government of Pakistan under the caption "Islamabad Capital Territory Private Educational Institutions (Promotion and Regulation) Act". Learned counsel alleged that although the draft was ready but if suffered from inaction and inaptitude of the concerned who were under pressure of the vested interest.

3. Directions were also sought against the Punjab Government so that it strictly implemented the provisions of the Punjab Private Educational Institutions (Promotion and Regulation) Rules, 1984. It was alleged that new Institutions which have grown like mushrooms were being registered with a callous approach. That no body was bothered about any investigation under the Punjab Rules and with the result that the education system was being ruined.

4. Whereas, the concerned Section Officer of Ministry of Education, Government of Pakistan, has informed this Court that the draft Act mentioned above was being processed without delay and a Bill may be submitted before the Parliament in, the every near future.

5. At which the petitioner states that as the Bill had not been circulated he be given a copy so that he may add his own views based on his experience for consideration of the Federal Secretary Education and their incorporation in the new bill.

6. A copy has been handed over to him and he may submit in writing his views to the Federal Secretary Education and who shall advert to these seriously while considering whether further modifications were required in this connection in the draft.

7. The Secretary Education, Government of Punjab, is directed to ensure through all means at his command that the provisions of the Punjab Private Educational Institutions (Promotion and Regulation) Rules, 1984 were given effect to in letter and spirit by his subordinates. In this connection he may call for the record of new inductees and inspect the same within fifteen days from today for ascertaining about the suitability of those who may have been registered this year.

He may consider formulating a policy or a formula to be followed by the subordinates at the time of registration of the new institutions and to also arrange for an honest inspection for verification of the true facts and for ensuring that the criteria fixed by his policy were being met without any compromise.

8. The Federal Government and the Punjab Government will have to firm up their inspectorate system for ensuing that the private institutions refrain from exploiting the public and against the fee charged they were providing education service both with respect to physical facilities as well as intellectual facilities.

9. They may also arrange for inspections to be carried on by international bodies who are all willing to help in this connection. The standard set up by a country like Singapore may also be considered for purposes -of inspection and for ensuring imparting proper education by the educational institutions registered with the Federal Government.

10. Incidentally it may be mentioned that without proper attention to education this country which is already through a recession in intellectuality and otherwise will stay behind amongst the comity of advance nations and such a loss will be irreparable rather destructive. The authorities concerned, therefore, should ensure that the policy makers and enforcers acted with national spirit and fervour in this connection with they removed the corrupt, the retarded and the destroyers from the good ones.

11. Both the Federal Secretary Education and the Secretary Government of Punjab, Education Department shall be submitting reports to this Court about the actual steps taken in this connection in compliance with what has been observed above.

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