LAHORE: Dismissing a challenge to outsourcing the management of public sector schools through the Punjab Education Foundation (PEF), the Lahore High Court has observed that the policy decisions require political judgment, not legal interpretation.
“Functionality of the Foundation is governed and regulated by the Government. Petitioners in fact are seeking exercise of judicial review jurisdiction in the functioning of the department, which is intrusion in the absence of any illegality, voidness and perversity is unwarranted,” Justice Asim Hafeez remarked in his judgement dismissing a petition by parents.
Syed Ahsan Abbas and other petitioners sought a declaration against the policy decision of the Punjab government to outsource the running and management of the public schools under the Public School Reorganization Programme (PSRP) through public-private partnership initiative.
They also challenged the policy on the premise that it violates the constitutional guarantee of free education extended under Article 25-A of the Constitution.
LHC says no violation of any provision of Punjab Free and Compulsory Education Act
They further argued that no legislative instrument was available to support the programme or the policy. It was submitted that the statutory framework provided under the Punjab Education Foundation Act of 2004 does not support the decision to outsource the schools.
They said no mechanism was prescribed for the selection of schools, recruitment and performance evaluation of teachers and. They alleged that the licensees were hand-picked and blue-eyed of the politicians.
Main emphasis of the petitioners was on the plea that enforcement of policy would result in imposition/increase in the fee and charges, which is contrary to the principle of free education, an obligation of the State.
On the other hand, lawyers for the government PEF explained the features of the programme mechanism prescribed for outsourcing, selection of eligible lessee(s) and strict monitoring regime.
They maintained that there was no increase in the fee, which was one of the conditions of the licensing arrangement.
Justice Hafeez also observed that no document had been provided to show any raise in the fee, in any manner.
The judge noted that the school education department is the secretariat department of the government, to which business of the government is allocated/distributed, which includes the task of promoting quality education under public-private partnership through the Punjab Education Foundation.
He further noted that the PEF has been omitted from the list of autonomous bodies and brought under the regulatory control of the government department. And it is in fact the policy of the department, which is being implemented under the statutory framework of the Act of 2004.
The judge observed that no violation of any fundamental right is evident, when no direct evidence is available to substantiate allegations of fee raise or increase in the education budget of the citizens.
He said the counsel for the petitioners failed to convince the court that assumption and exercise of jurisdiction is imperative against policy decisions of the government – outsourcing of the administration of underperforming schools and dealing with the perennial problem of shortage of teachers.
He said the argument of the petitioners that no law is available to back the policy of the government is misconceived. He noted that the impugned policy introduced and programme implemented is in accordance with the mandate of provisions of PEF Act of 2004.
The judge said the policy had the approval of the cabinet.
“Neither any violation of constitutional guarantee is established nor violation of any provision of The Punjab Free and Compulsory Education Act 2014 is shown,” observed Justice Hafeez.
No case for exercising judicial review jurisdiction against the policy decision and programme is made out, which calls for showing deference to the policy-making domain of the government/executive, the judge concluded the judgement dismissing the petition.
Government Report:
A report filed before the court on behalf of the Punjab government revealed that there are 13,219 low-performing schools with a total of 22,749 teachers, working against 56,175 sanctioned posts, and 1,089,961 enrolled students.
It said the outsourcing programme PSRP has been designed to encourage educated youth, experienced individuals, expat Pakistanis, school chains, Ed-Tech firms and NGOs to join hands with the government in reorganization and revamping of the public sector schools in three phases.
The operational management of 5,863 schools will be outsourced in the first phase, which includes 567 with zero teachers, 2,555 with single teacher and 2,741 with enrollment up to 50 students and two teachers.
The second phase will see the handing over of 4,453 schools with enrollment from 51 to 100 students and two teachers.
A total of 2,903 schools with more than 100 students and two teachers will be outsourced in the third phase.
The report said the government anticipates an annual saving of Rs42.1 billion under the head of the non-development budget after the outsourcing of the public schools.
Published in Dawn, December 1st, 2024
