SALAHUDDIN PANHWAR, J.---Through instant petition, petitioner has claimed that in pursuance of publication in daily newspaper 'Kawish', with regard to the new Schools as per Promoting Primary Schools in Rural Sindh (PPRS) scheme, petitioner applied for six Schools; competent authority visited the Schools of the petitioner as well as examined the petitioner's project along with requisite documents yet such contract was not awarded to the petitioner. The petitioner claimed that though she fulfilled all the formalities but the respondents in Sindh Education Foundation obliging their nearer and dearer only as well they are awarding contracts at the behest of the political persons.
2. It is further contended that Sindh Education Foundation is continuity of Sindh Foundation Act, 1992, funded by World Bank; in 24 years they failed to establish the High and Elementary Schools as they only focused on primary education whereas primary schools, under the Education Department, are everywhere which are more than 41,000 in number, hence the petitioner contends that respondents Nos. 2 and 3 may be directed to allot the Schools as per policy of PPRS as well to constitute a Committee for conducting inquiry into the matter of allotting/awarding the Schools to the relatives, friends, and caste fellows of the respondents Nos.2 to 7. At this juncture, it is also prayed to appoint Sessions Judge to conduct inquiry into the matter with regard to SEF Schools as there is huge misappropriation of funds and this is a case of discrimination as SEF is obliging the persons having support of political and other influential figures.
3. Mr. Sajjad Ahmed Chandio, learned counsel for the respondents Nos.6 and 7 has contended that Sindh Education Foundation Act was promulgated in 1992 and till 2015 millions of dollars were funded by World Bank which however were not utilized within the spirit of Act; Madam Naheed Durani was appointed as M.D; by her efforts Post Primary Schools are established. At this juncture, 103 High Schools are completely functional whereas 59 Schools are in pipe line. He also placed a copy of compliance report, submitted by the Special Secretary (Law), School Education Department dated 30.3.2017, in proceedings the Suit No.136 of 2005, pending before High Court of Sindh so as to show initiatives, taken by SEF (respondent).
4. Pursuance to the direction of this Court, Mr. Malik Altaf Javed advocate for respondent No.2/Managing Director Sindh Education Foundation has filed statement, claiming therein that a campaign, as per order dated 15.05.2017, passed by this Court, was initiated to strengthen the post of primacy education. in this regard 103 Schools have been properly established and are working in almost all the Districts of the Province. Additionally 59 Schools are in their establishment phase; in the span of almost 08 months, Sindh Education Foundation has been able to establish 103 Schools and further efforts are being made to make other 59 Schools as functional; that the referred Schools have been established under Sindh Education Foundation Middle and High School Program (SMHSP); it is further contended that under PPRS 17 Schools have been upgraded from primary to elementary level whereas 06 Schools have been upgraded from elementary to high school level; lastly it was undertaken that respondent shall ensure achieving aim and objective within time frame and there has not been any discriminatory treatment with petitioner even hence petition be disposed off.
5. Heard the respective parties and perused the available material.
6. Before responding to the picture of the day, we can't help ourselves in saying that importance of the education has got deep roots not only in our religion but it was so hammered by Founder of Pakistan in following words:-- "Without education it is complete darkness and with education it is light. Education is a matter of life and death to our nation. The world is moving so fast that if you do not educate yourselves you will be not only completely left behind, but will be finished up. The Holy Prophet (PBUH) had enjoined his followers to go even to China in the pursuit of knowledge. If that was the commandment in those days when communications were difficult, then, truly, Muslims as the true followers of the glorious heritage of Islam, should surely utilize all available opportunities. No sacrifice of time or personal comfort should be regarded too great for the advancement of the cause of education".
It was/is the importance of the education which has provided a space to education not only in objective resolution but also in Chapter-II o the Constitution however the Executives remained failed in implementing the commandments of law in true spirits. At one hand, the negligence on part of the quarter concerned remained making the education system collapsing while at other hand the importance of the education was being acknowledged which with the introduction of Article 25A earned status of guaranteed fundamental right. At this point, we would not hesitate in saying that making legislation only becomes paper work only when the quarter concerned remain negligence in enforcing the law. The continuous failure or least negligence on part of quarter concerned left a door wide opened for private education sector to strengthen its root at its own terms. The miserable condition of the education system became an open secret when the Apex Court involved judiciary in the case of Petition regarding Miserable Condition of the Schools'; for immediate improvement certain directions were issued which were always of binding effect.
Reference may be made to the case of Mirza Shaukat Baig v. Shahid Jamil (PLD 2005 SC 530) wherein it is held as:
30. ..........that the judgments of this Court being apex Court are binding upon the learned High Court in the view of the provisions as enumerated in Article 189 of the Constitution of Islamic Republic of Pakistan which, inter alia, provides that any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or initiate a principle of law shall be binding on all other Courts in Pakistan and the learned Lahore High Court is no exception to it. It is well-entrenched legal proposition that "the ultimate responsibility of interpreting the law of the land is that of the Supreme Court. Therefore any decision of the Supreme Court shall to the extent that it decides a question of law or is based upon or enunciates a principle of law is binding on all other Courts in Pakistan. A decision in Suo motu Shariat review petition followed by Supreme Court would be binding on all other Courts in Pakistan. Law declared by Supreme Court becomes the law of the land and is binding not only on all Courts in Pakistan but also on all functionaries of the Government.'. (PLD 1971 SC 324, PLD 1985 SC 228). It is worth mentioning here that 'where a judgment of Supreme Court has become effective as from a specified date, it would be binding not only on High Courts and Courts subordinate to it but also on all other Courts of Pakistan from that date. Therefore, High Court rightly preferred Supreme Court decision over decision of Full Bench of High Court. The decision of Supreme Court cannot be ignored on the ground that certain grounds were not argued before Supreme Court.'. (PLD 1987 Lah.71, 1981 SCMR 520, PLD 1973 Lah. 1). 'Apart from the Constitutional obligation imposed upon the Courts even the propriety demands that the Courts must follow such a law without any hesitation. Unless the law so declared is altered or overruled by the Supreme Court itself, the High Court has no option but to follow it. "(PLD 1975 Lah.
65, PLD 1964 Peshawar 250)." however, the irony continued when the Accreditation Board was not established/notified. Since, all the Courts, including High Courts, per Article 189 of constitution of Pakistan, 1973 provides that every decision of apex court is binding upon High Courts and Executives.
7. Leaving the grief alive, when we confine to issue invorved i.e. SEF and a little dive shows that the government did enact laws; policies and even declared emergency in education sector but all such most arresting work turned to be paper work only. "The Sindh Education Foundation Act, 1992" was promulgated on 1st December, 1992. The aims and objectives are worth appreciating but same were never dressed up truly though the Sindh Education Foundation does exist under said Law.
Worth to add at this juncture that if the objective of an enactment is for the public at large then it should never remain on papers only but fruits thereof must reach to the tail. It would be appropriate that the main A aim of the SEF was/is to raise the standard of education and improvement of literacy rate. To achieve, by the time, the SEF included: IELP (Integrated Education Learning Program) RBCS. (Rural Based Community Schools)
PPRS. (Promoting Private Schooling in Rural Sindh) ELP (Early Learning Program)
AASP. (Adopt-A-School Program) CLEP (Child Labor Education Program), established by Foundation in 2001 to provide opportunities for working children to acquire an education by establishing Child Development Centre (CD)
WLEP (Women Literacy and Empowerment Program) to empower women through providing Literacy, marketable skills, awareness and community engagement opportunities by establish Women's Literacy and Empowerment Centres (WLECs)
8. Despite of this, things remained on papers and true fruits of all the enactments prima facie never reached however, the respondent No.2 and her team, on hammering by this Court, showed vigilance. To make it quite clear that it is always the initiatives and not the papers which matter, we find it quite appropriate to reproduce the statement, filed by the respondent No.2 (Madam Naheed Durrani, MD SEF) today, which reads as;-
1. That vide order dated 15.5.2017 passed in Suit No.1243/2015 (Re: Mashal Foundation v. Province of Sindh and others), this Hon'ble Court was pleased to direct the Sindh Education Foundation to file a statement that as and when they will initiate proceedings to launch / establish their schools at college level;
2. That a campaign, as observed in order dated 15.05.2017, was initiated by the answering respondent to strengthen the post primary education. In this regard 103 Schools have been properly established and are working in almost all the District of the Province. Additionally 59 Schools are in their establishment phase. It may be mentioned here that merely in a span of almost 8 months Sindh Education Foundation has been able to establish 103 Schools. Day and nights efforts are being made Co make other 59 Schools functional;
3. That the Schools noted above have been established under Sindh Education Foundation Middle and High School Program (SMHSPP);
4. That under Promoting Private Schools in Rural Sindh (PPRS) Program, 17 Schools have been upgraded from primary to elementary level. While 06 Schools have been upgraded from elementary to high school level (lists of the Schools are attached herewith). It may also be added that the answering respondent is endeavoring to provide education at all levels at the best possible standards.
The above statement is self explanatory that a little hammering by the Court and true and sincere effort of the respondent No.2 and her team achieved in eight (08) months only what perhaps was not achieved during a period of twenty four years even. Needless to say that objectives were already required to be achieved even much before involvement of this Court as it was always the demand of the commandments of law and obligations (aims and objective of SEF, Act). At one hand, the efforts, shown by the respondent No.2 and her team, prima facie worth appreciating but at the same time it shows the failure and negligent conduct of the SEF in past.
9.The respondent No.2 (Madam Naheed Durrani) has been holding the post of the M.D. since considerable period and it had been she herself who had been making statements/undertaking to achieve the true object of the SEF which, being of binding effects, have their own consequences including contempt of Court proceedings, therefore, it is hoped and expected that the respondent No.2 shall continue with her team and shall dress up all the statements/commitments, made on behalf of the SEF. At this juncture, Mr. Malik Altaf Javed, counsel for the respondent No.2 intervened and stated that respondent No.2 (Madam Naheed Durrani) is in Grade-21, in case of promotion, her services would be handed over to the Federal Government or the Government can appoint any other person for any reason therefore, she (respondent No.2) be not bound by such commitments.
10.What we have experienced in past and back-ground, referred above, are sufficient to indicate that the Officials do not hesitate in making commitment / undertaking as they believe that they shall stand absolved from consequences of such commitment undertaking either on transfer or promotion even on change of charge. The Orders of the Court and commitment/undertaking, made in the Court, always requires to be given due weight and should not fail merely for reason of promotion or transfer. Thus, the respondent No.2 shall not stand absolved from the commitments/undertakings, made for achieving the objectives rather she would continue with such commitments/undertaking. She and her team shall ensure achieving functioning of all programs as well objectives of other laws, made under or in aid of SEF. The required centres/High Schools/colleges shall be made functional and operatives all over the places as has been the spirit of the enactments/programs and orders of this Court. The devotion and sincerity shown in eight months shall be continued and hopefully this exercise shall not take time more than a period of five years.
11.Worth to add that the State, including provincial and Federal governments, is directly responsible to ensure true enforcement of the Article 25-A of the Constitution and SEF is undeniably in aid to achieve such dream therefore, it is believed that respondent No.2 (Madam Durrani) even in case of her promotion shall not be parted from SEF but, while acknowledging the emergency in Sindh Education System, would be allowed to participate in affairs thereof within capacity of Managing Director/Executive/Member board of Governor(SEF) rather it is advisable that she and her team be allowed to continue least for at least five years so that she could be appraised or accounted for her actions and omissions.
12.Accordingly, Chief Secretary Sindh is hereby directed to ensure that M.D. (Madam Naheed Durrani) S.E.F. shall not be transferred. In case of her promotion, she shall work as Executive/Member of Board of Governors and at least two members as earlier ordered, with consent, in the case of Mashal shall be joined as Members of Board of Governors nominated by her.
13.Since, it is the domain of the SEF to accept or decline a request for allotment of schools therefore petitioner legally cannot deprive the respondent Nos.2 and 3 from their such prerogative; further mere allegation of corruption or corrupt practice is never sufficient to order an inquiry as such action always brings name and fame of such institution under clouds therefore, an order in this regard shall always require some substance and not mere allegations. The petitioner prima facie placed B nothing on record to shoulder her allegations therefore, prima facie petitioner has not been able to make out a case in her favour. However, needless to add that respondents or any other persons shall not cause any harassment to petitioner which however shall not prevent respondents to go in accordance with law.#TE## 14.The petition is accordingly disposed of. The respondent No.2 however shall submit compliance report through Additional Registrar of this Court, which shall be placed initially before the Court for an appropriate order, on administration side.