Moalims

LAHORE: Justice Shahid Waheed of the Lahore High Court on Friday dismissed the petition of a head master, Muhammad Iqbal, who had challenged a notice issued to him over his class’s result.
Iqbal teaches class nine at a school whose result was below 25%. The judge observed that the policy letter was one of the modes to check malpractice and creating hurdle in upgrading the standard of education and making the citizens of Pakistan literate was not violative of any constitutional provision. He held that under the constitution, Pakistan is a welfare state which shall promote the education and economic interests of backward classes, end illiteracy and provide free and compulsory secondary education within minimum possible period.
Justice Waheed remarked that under Article 25-A of the constitution the state was bound to provide free and compulsory education to all children of the age of 5 to 16 in such a manner as may be determined by the law. About LHC’s jurisdiction in the policy matters, the judge observed that it was a settled principle of law that ordinarily a high court does interfere with the policy matters in its jurisdiction under Article 199 of the Constitution, however, if policy is in conflict with any provision of law or is violative of the fundamental rights of a citizen, the same may be challenged before the court.
Justice Waheed further said that the constitutional petitions against show-cause notices were not maintainable and the civil servants in disciplinary proceedings would have to wait till a final order was passed. The petition was not maintainable against intermediate stages or steps of department disciplinary proceedings. Judge held, `I am clear in my mind that the prayer made by the petitioner cannot be acceded. ‘

News Reference:http://www.dailytimes.com.pk/punjab/18-Jul-2015/headmaster-s-plea-against-notice-dismissed