LAHORE: Announcing a reserved judgment, the Lahore High Court on Thursday set aside minimum age limit of 12-year to sit Class IX examination under the rules of Punjab Board of Intermediate and Secondary Education Act 1975.

A division bench headed by Justice Shahid Jamil Khan announced the verdict on intra court appeals filed by students and Lahore BISE challenging two complex decisions by the court on the matter.

Two different single benches of the high court had issued diverse verdicts – one in favour of the students and the other upholding the board’s policy. Both aggrieved parties – students and the board – had challenged the respective decisions before the division bench.

Advocate Sheraz Zaka had represented the students pleading that the minimum age limit of 12-year for Class IX students mentioned in the board’s rules was in violation of fundamental rights. He said there was no age restriction policy in parallel education system of O/A levels.

He said students could not be deprived of their fundamental right to education on the pretext of age-limit policy. He said such a discriminatory and unreasonable restriction should be annulled for being unconstitutional.

The BISE had objected to maintainability of the students’ appeals saying setting minimum age limit was a policy matter and the court could not interfere in it. However, the bench in its ruling said the age restriction policy should not become hurdle in getting education as seeking education was a fundamental right of every citizen under Article 25-A of the Constitution. It said the fundamental rights were superior in nature and could not be taken over in the name of rules.

In this case the court had already allowed petitioners (students) to sit Class IX examination.

Published in Dawn, September 15th, 2017