' In response to order dated 24-1-2013, a report (C.M.A. No,725 of 2013) has been submitted under the signatures of Dr. Faizullah Pechuho, Secretary Education, Government of Sindh but no report has however been filed by the Chief Secretary, Sindh in compliance to the directions of this Court.
Mr. Rehmat Ullah Bilal, Coordinator, Sindh Rural Development Society, also submitted additional documents (C.M.A. No,728 of 2013), perusal whereof indicate that some of the IA Schools situated in different parts of the Province of Sindh are not being used for the purpose of imparting education to the students, and either have been illegally occupied by the Police or the other Government Departments. Same is the position in the Provinces of Balochistan, KPK and Punjab. We fail to understand why the Executive Authorities being fully aware of the provision of Article 25-A of the Constitution are reluctant to improve the education, sector inasmuch as the Schools have been abandoned for one or the other reason but the monthly/annual expenditures are being incurred in terms of the salary etc.
2. This case is pending for the last about one year and despite issuance of directions from time to time, no progress has been made as is required under the Constitution and the law for ensuring enforcement of fundamental right of providing free and compulsory education to all children between the ages of five to sixteen years inasmuch as the laws have not been promulgated on the subject. Only reports have been submitted time and again that preliminaries are being completed to do the needful. It may not be out of context to note that' in the 18th amendment Article 25-A was incorporated in the Constitution to be one of the fundamental rights that the State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law but despite lapse of about more than two years, no progress has been made. Surprisingly, baseless and false reports have been filed before the Court but some credible information had been received through the Coordinator, Sindh Rural Development Society about the state of affairs of the education institution, in the Province of Sindh. The education departments of the other provinces also admitted that there are Ghost Schools or the property owned by the Schools have been occupied and without taking effective steps, the officers travel from their Provincial Headquarters to Islamabad for attending the cases before the Court but without showing any progress and we are unable to comprehend as to why they are not willing to take the benefits of the orders of the Court or act on their own initiative and make laws to improve the education sector including getting removed encroachments and also of stopping the payments etc. To the staff who are getting salary without providing services. Having left with no option, we are of the opinion that as far as the education sector is concerned, it is one of the most important social service and the executive Government is duty bond to pay full attention in order to raise the standard of education and to ensure that its children are well educated but here the things are otherwise. However under the circumstances, we direct the Provincial Government(s) through Chief Secretaries or the Secretary Education(s) to implement the orders of this Court in letter and spirit and in the meanwhile in order to have a clear picture we appoint all the District and Sessions Judges or the Additional District and Sessions Judges at the District/Tehsil/Taluka Headquarters of all the Provinces including ICT, as Commission(s) to carry out survey of the Schools functioning in their areas to determine:--
(i) As to how many Schools are functioning fully;
(ii) As to how many Ghost Schools are in their districts;
(iii) As to how much of the education funds are being spent for the purpose of imparting education to the children;
(iv) As to what is the ratio of the children studying in their areas;
(v) As to what are the reasons for encroachments of the said School buildings and why they are being used either as Baitkah/Autak or for the purpose of Houses by occupying forcibly some portions of the same and why actions against encroachers have not been taken; and
(vi) In case there exists litigation between the education department(s) and private person(s) who had allegedly encroached upon the property of Schools, as to why the cases are not being expedited by the Courts, particularly, in view of the fact that if there is no stay order, why actions have not been taken and who are responsible for all these illegalities or irregularities.
3. The District and Sessions Judges of all the Provinces including ICT may undertake this task with the assistance of their Additional District and Sessions Judges, keeping in view the workload of each District/Tehsil/Taluka. The President or the Secretary General of the respective District/Tehsil Bar(s) shall also be associated, if need be, in order to carry out physical inspection and submit reports. Copy of this order be sent to the Registrars of all the Provincial High Courts including the Islamabad High Court, for the purpose of submitting report as early as possible within a period of 30-days, after receipt of this order.
4. Mr. Rehmat Ullah Bilal, Coordinator, Sindh Rural, Development Society, may also assist the District and Sessions Judge(s), if need be. The Chief Secretary(s), Secretary Education(s) and all the District Education Officer(s) shall extend, full cooperation to the District and Sessions Judge(s) or the Additional District and Sessions Judge(s) for ensuring accomplishment of the tasks assigned to them.
5. Adjourned to 18-3-2013.