PHC halts privatisation of govt schools in K-P

The Peshawar High Court (PHC) has suspended the Khyber-Pakhtunkhwa government's plan to outsource or privatize public schools, directing authorities to halt all related actions until further orders. The court's written order came during the hearing of a petition challenging the provincial government's August 11 notification regarding the outsourcing of government educational institutions.

A division bench comprising Justice Syed Mudassir Ameer and Justice Aurangzeb heard the case, which was filed by Advocate Masoor Aslam Tanoli. The petitioner argued that the impugned notification violated constitutional provisions and fundamental rights, as it had neither been approved by the provincial cabinet nor issued through proper legal procedure.

He further contended that the public was not informed about the move and that outsourcing government schools contravenes Article 25-A of the Constitution, which guarantees free and compulsory education for all children. The petitioner maintained that handing over public schools to private operators would undermine the state's constitutional obligation to provide education.

In its written order, the PHC observed that the petitioner had raised issues of "significant importance" that merited judicial consideration. The bench directed the provincial government, the Chief Secretary, and the Secretary for Elementary and Secondary Education to submit para-wise comments before the next hearing.

Pending further proceedings, the court restrained the Khyber-Pakhtunkhwa government from implementing or acting upon the August 11 notification or initiating any process of outsourcing or privatization of government schools. The hearing was adjourned to a later date.

Meanwhile, in a separate case, the PHC has issued notices to members of the Khyber-Pakhtunkhwa Bar Council on a contempt petition filed against lawyers' strikes across the province. Justice Ijaz Anwar heard the petition, which was submitted by Advocate Ali Azeem Afridi, challenging repeated strikes by lawyers as unconstitutional and disruptive to judicial work.

Afridi contended that lawyers' boycotts of court proceedings violated the fundamental rights of litigants to timely justice and disrupted the administration of justice.