Sukkur, Sindh (HRNW) — In a significant constitutional ruling, the Sindh High Court (SHC) Sukkur Bench has reinforced the legal obligation of private schools to provide free education to underprivileged children while simultaneously shielding educational institutions from harassment. The verdict was delivered by Justice Adnan Iqbal Chaudhry in response to Constitutional Petition No. D-1592/2025.
The petition was filed by the managing committee of Sajjad Model Higher Secondary School, Khairpur, concerning the implementation of Section 10 of the Sindh Right of Children to Free and Compulsory Education Act 2013. Representing the school, Barrister Fahad Farooq and Advocate Jahangir Kalhoro from the prominent firm F&J Legal Advisors successfully argued that while the state must ensure free education for the poor, the process should not become a tool for administrative harassment.
Key Highlights of the Verdict
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Constitutional Mandate: The court reaffirmed that providing free education to children from poor and middle-class backgrounds is both a constitutional and legal responsibility.
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Limiting Anti-Corruption Authority: The court ruled that the Anti-Corruption Establishment (ACE) only has the authority to verify reports and lacks the jurisdiction to conduct criminal investigations against private schools under the guise of educational oversight.
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Transfer of Jurisdiction: Justice Chaudhry ordered that all ACE verification proceedings be terminated. All relevant records are to be transferred to the Directorate of Inspection and Registration of Private Institutions, which remains the sole competent authority for monitoring school compliance.
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Security Measures: Addressing concerns raised by F&J Legal Advisors regarding the safety of staff and students, the court reviewed police reports and expressed satisfaction with the deployment of personnel outside school premises.
Legal Significance
Legal experts have hailed this as a “balanced decision” of 2026. It protects the educational rights of the impoverished as mandated by law, while establishing clear boundaries for government agencies. The victory is seen as a testament to the strategic litigation by Barrister Fahad Farooq and Advocate Jahangir Kalhoro, setting a clear legal roadmap for private schools and parents across the province.
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