' QAZI FAEZ ISA, C.J.--- This petition was filed in respect of the allocation of an amount of Rs,10,500,000 (ten million five hundred thousand rupees) for the repair/renovation of schools situated within District Barkan. The petitioner states that seventy-one contracts were awarded for the said works without publication. He further stated that the works as mentioned were not carried out.
2. The Secretary Education (respondent No,1) and District Education Officer, Barkan (respondent No,2) filed comments stating that the competent authority had constituted an Inquiry Committee to probe into the matter and the report of the Inquiry Committee disclosed that a number of allegations were found to be true, including that repair/ renovation of schools in areas where no school existed had also been paid for, and the repair and maintenance of certain other schools had not been carried out and in respect of others the record is not available. However, despite such damning findings no action appears to have been taken against the responsible officers and the contractor/s who had been paid for the works. This inaction demonstrates the government's lack of desire to stem pilferage and fraud and reflects sadly on the government.
3. That when this petition came up for hearing on 23rd April, 2014 we had referred to our judgment dated 23rd October, 2013 passed in C.P. No,194 of 2013, wherein the following directions were passed:---
(1) The Government of Balochistan to carry out a physical audit of the schools situated in each district of Balochistan and maintain a hardcopy as well as a computerized/photographic record with the names of the teacher/s employed/posted at each school and periodically update the same.
(2) The Government of Balochistan should measure the lands on which schools are situated and relevant entries be made in the revenue records to secure the same and to prevent the encroachment and illegal transfer of school properties.
(3) The Government of Balochistan to ensure that school buildings display in a conspicuous place the fact that it is a school and within the school building there should be disclosure of the teachers employed at each school.
(4) The Government of Balochistan should inform the Board about the number of subjects and the books that are required for the next academic year well in advance and the Finance Department should make necessary allocation in the budget.
(5) The Board should print and distribute school bdoks in a timely manner to ensure that the same are available when the academic year starts.
(6) The principal or teacher/s of each school should maintain a record of children attending school and mark their daily attendance.
(7) The Education Department, Government of Balochistan should devise a comprehensive format for inspection of schools and the DEO should ensure that such inspection is carried out periodically in his/her district.
(8) The Government of Balochistan should take tangible measures to ensure that all children, boys and girls, from the age of five through sixteen attend school.
' That vide the same order dated 23rd April, 2014 we had also drawn the attention of the Secretary Education to the following:--- "Unfortunately the said directives of this court have not been implemented despite lapse of several months. Each district of Balochistan has a District Education Officer (DEO), who is responsible for all schools in his district and must have the record of all schools of his district; such record must also be maintained with the Department. It was very easy to implement the aforesaid directives and compliance could have been communicated easily in the information age. The, objective of the same was to ensure that the school buildings and lands are not misused or encroached upon and the amounts that are spent by the Government on education should actually benefit the children of the area.
' Mr. Nadir Ali Chalgari, Advocate states that there are many schools, which have been encroached upon by the local influential persons or are in their use.
' Accordingly, to secure the interest of the present and future generations of school going children the Government should without further loss of time implement the aforesaid order and demonstrate compliance therewith. If the data was voluminous it could have been contained in a computer flash drive or CD and filed. If any DEO had not implemented such orders departmental action could have been initiated against him. The role of bureaucrats, who are paid out of the public ex-chequer, is to serve the interest of he people of Balochistan and anything less is not acceptable."
4. We had also been constrained to issue contempt notice to the Secretary Secondary Education ("the Secretary"). On the next date of hearing (21st May, 2014) the Secretary stated that he was not aware of the orders passed by this court and tendered apology and stated, that:- "The directives of the court are being implemented and he has issued instructions to the thirty District Education Officers to have the lands of the schools recorded in the revenue record, and also to display at a conspicuous place the fact that the building/land is of a school. He states that the revenue authorities are cooperating with his department and making the requisite revenue entries, however, in view of the fact that as there are 12,388 (primary, middle, high and higher secondary schools) in Balochistan to complete the exercise will take some more time. The Secretary further states that he has also taken the initiative of recording the names of all the teachers and students attending schools and that this exercise will be computerized shortly."
' That since the Secretary had started the designated work we discharged the contempt notice issued to him vide order dated 21st May, 2014, when we had observed as under:--- "We however think that the information regarding schools should be easily accessible by the general public on a web page so that the parents of school going children can also avail of such information and monitor the same. Accordingly, it would be appropriate that such web page attends to each district of Balochistan mentions the name of all officers of the department posted in such district, displays the particulars of the school, preferably with a photograph, that the requisite entry in the revenue record has been made and the names and number of teachers posted at such school. The object of such an exercise will ensure that the menace of ghost schools and ghost teachers is eradicated and also ensures against absenteeism as the parents would know the number of teachers employed at the school, where their son/daughter studies and if the teacher is not in attendance would be able to report the matter to the District Education Authorities or to the Secretary at Quetta. Any additional information which the Secretary wishes to house on such web page is a matter for him to consider. On the next date of hearing we should be shown a visual demonstration of the above exercise. In case the complete work has not been done at least the work in respect of some of the districts."
5. Today the Secretary files report, which states that out of the 12,388 schools only 3,777 have been entered in the revenue records and the remaining overwhelming majority of 8,601 schools have still not been entered in the revenue records. The table contained in the said report is reproduced here under:--- S. No.Name of DistrictTotal schoolsAlready MutatedSchool remaining (to be mutated)
1. Kharan 215 66 149
2. Jaffar Abad 925 582 343
3. Kachhi 419 355 64
4. Barkhan 606 606 00
5. Gawadar 253 252 1
6. Sherani 170 90 80 (Unsettled Area)
7. Jhal Magsi 276 4 272
8. Harnai 161 0 161
9. Dera Bugti 342 0 342 10.Nasirabad 463 55 408
11. Zhob 327 92 235 12.Sibi 260 81 179 13.Kohlu 436 7 429 14.Washuk 170 0 170 15.Ziarat 259 139 120 16.Loralai 668 23 645 17.Nushki 220 220 0 18.Musakhail 284 180 104 19.Pishin 921 30 891 20.Kech 616 616 00 21.Kila Abdullah 469 15 454 22.Killa Siafullah 566 5 561 23.Panjgoor 349 0 349 (Unsettled area)
24.Mastung 360 18 342 25.Kalat 441 0 441 26.Khuzdar 651 12 549 27.Awaran 249 9 240 28.Ghaghi 236 197 39 29.Quetta 518 133 385 30.Lasbela 558 0 558 Total 12388 3787 8601
6. The process of mutations had to be initiated by the District Education Officers ("DEOs") of their respective districts in the local revenue records. Therefore, it is not understandable why many of the DEOs have not initiated the process of mutations and why quite a few have only got a few schools entered into the revenue records. We enquired from the Secretary to explain the same and he had nothing to state. The said DEOs appear not to be following the directives of the Secretary nor abiding by the orders of this court. We enquired from him whether he had initiated disciplinary action against those DEOs in whose districts either mutations had not been made or a paltry number of schools had been mutated and he answered in the negative.
7. Mr. Tariq Ali Tahir, the learned Additional Advocate-General ("AAG") states that requisite instructions have been issued to ensure that the Board of Revenue and all those operating under it do the needful and strictly comply with the orders of the court to record the Education Department of the Government of Balochistan as the owner of all government schools. He further states that if the concerned revenue authority does not record the school in the record of rights the DEO should report the matter to the Deputy Commissioner and to the Senior Member Board of Revenue, whereupon disciplinary action will be taken against the negligent/inefficient officer.
8. Article 25A of the Constitution of Pakistan provides that, "the State shall provide free and compulsory education to all the children of the age of five to sixteen years as may be determined by law." However, this salutary principle remains a tall order when it is not even known where many of the schools are. As a result a substantial number of the children of Balochistan are being deprived of this fundamental right of theirs. The children, who are the future of Balochistan, are being denied access to schools and schooling in large measure because the DEOs are not performing their duties. The possibility of collusion may also not be excluded as in many areas where schools are stated to exist they have not even been built or the school building is in the illegal possession of some influential person of the area where it is located; these schools are sometimes referred to as "ghost schools".
10. The Secretary Education has also informed us that the Government of Balochistan is working on the Balochistan Education Management Information System ("BEMIS") wherein comprehensive data of students and schools is being collected; however, as yet data of not even a single district of Balochistan has been compiled. He further brought to light a horrific statistic, which is that of the 54% girls students enrolled in primary and middle schools only 4% obtain admissiop in high schools.
11. In one questionnaire, that forms part of the BEMIS questionnaire, the classes are identified as under:--- ' It will be noted from the above that the first class is referred to as Takki' whereas quite a few of the other classes are referred to in Persian. The Secretary states that this practice has been in vogue for several years. We inquired from him whether Persian is taught in schools and he answered in the negative.. We, therefore, find it surprising that many, of the classes have Persian titles.
' Mr. Nadir Ali Chalgari, the learned counsel for the petitioner states that the Government of Balochistan and the Provincial Assembly choose Urdu as the Provincial language (Article 251(3)) of Balochistan, when Mr. Attaullah Mengal was the Chief Minister and the late Mr. Ghous Bakhsh Bizenjo was the Governor, and that Balochistan was the first province to do so. Reference may also be made to Article 251(1) of the Constitution which stipulates as under:--- 251.(1) The National language of Pakistan is Urdu and arrangements shall be made for its being used for official purposes until arrangements are made for its replacement by Urdu."
' The government should strive to have in place a system, which is easily understandable by the users, even if it requires a departure from a practice of many years. We are confident that the government will determine the matter of naming classes in the light of Article 251 of the Constitution and common sense.
12. That with a view to ensure that all ghost schools emerge from the ethereal realm to the real and are available for use of children, that no one can lay false claim to a school building or the land it stands on, that teachers attend to their teaching duties and the menace of absentee teachers is addressed, we issue the following directives:
(1) Each and every primary, secondary and high school ("all schools") should be photographed and their global positioning coordinates determined;
(2) The Government of Balochistan to record the particulars of all schools, including the respective area of the land, in the revenue records. In this regard the concerned DEO of each district is directed to approach the revenue staff for doing the needful in respect of all schools in his district.
In case the DEO does not pursue the matter the Government to initiate disciplinary action against him. Similarly, if the concerned revenue officer does not make the requisite entries disciplinary action to be initiated against him by the Government.
(3) The names of the teachers appointed/posted at all schools be inscribed at a conspicuous place within each school.
(4) A website be launched- containing the aforesaid information (location of school and the name of the teacher/s serving at such school) to enable the parents to have the information about the closest school and whether the teacher/s is/are attending to their duties. In case the Government of Balochistan wants to disclose any additional information on such website it may do so.
(5) The directives contained in the judgment of this court in C. P. No,194 of 2013, reproduced above in paragraph 3, be strictly complied with.
13. The Secretary stated that the aforesaid will be done in ninety days. All concerned should fully cooperate with the Secretary in compliance of the aforesaid directives. The Government of Balochistan to provide requisite resources for the storage and display of the aforesaid data. In view of the fact that the Secretary is engaged in a very important exercise we are confident that he will not be transferred/posted till the said exercise is completed. Secretary Education is put on notice that in case the said work is not carried out action may be initiated against him. The Secretary Education to submit compliance report after ninety days through the Registrar of the High Court who is directed to put up the same for consideration.
14. The petition is disposed of in the aforesaid terms, but with no order as to costs. Copies of this order be sent to the Chief Secretary, Secretary Secondary Education and Senior Member Board of Revenue for information and compliance. The Secretary Secondary Education and the Senior Member Board of Revenue are in turn directed to send copies of this order respectively to all District Education Officers and to all District Collectors with the further direction to strictly comply therewith.