HYDERABAD: A division bench of Sindh High Court’s Hyderabad circuit has issued detailed judgement on the state of affairs in school education system in the province.

The bench comprising Justice Nadeem Akhtar and Justice Adnanul Karim Memon decided two petitions on the subject.

“As situation is extremely alarming and sensitive, government will certainly have to do better than before by taking urgent, sincere, aggressive and extraordinary measures,” it said, asking the government to take interest in the same manner in which emergency is declared in grave crisis. “Thus an emergency has to be declared by government in education sector/department of entire province by giving priority to education over other matters,” the order said.

The court had heard the matter on Dec 10, 2019 and decided the matter for reasons to be recorded later on.

On Monday, the detailed verdict has been issued and received at the circuit bench.

The order was passed on two different petitions of 2018 and 2019 regarding condition of school buildings in Badin and Matiari districts. The verdict has been authored by Justice Akhtar.

According to petitioners, certain government school buildings in Badin and Matiari are in a dangerous condition and not fit or safe for children. They alleged that respondent Sindh education department failed to take steps for repairs and maintenance of the school buildings due to which students were forced to get education in open spaces adjacent to their schools.

They complained that the education department had turned a blind eye to problems of education sector particularly to dilapidated school buildings. They prayed that the respondents be directed to allocate necessary funds on an urgent basis for maintenance of school buildings.

They pointed out that maintenance of school buildings in interior Sindh was in a precarious condition and this was not disputed by official respondents, particularly secretary of the school education and literacy department who was present in court.

The secretary’s report informed court that there were 7,956 dangerous school buildings in Sindh out of which 527 were in Badin and 150 in Matiari. A categorical assurance was given by the secretary that school education and literacy department would carry out maximum development work on merit and without discrimination.

He submitted a proposal on Dec 10, 2019 for regular and timely maintenance of buildings and transparent utilisation of funds.

It noted the measures mentioned in different reports submitted by the secretary. One proposal and his verbal assurance in court appeared to be a step in right direction particularly constitution of the “M&R district oversight committee”.

“We are conscious of fact that repairs of 7,956 dangerous school buildings as reported by respondents, will take considerable time. Therefore, heavy responsibility lies on government to ensure this assignment is completed in shortest possible time without wasting academic term of students and compromising safety and quality of repairs/construction,” the order said.

It further said that the other major concern was limited funds for maintenance of school buildings which must be utilised only for such purpose and competent officers having unblemished record should be assigned task to manage funds and to oversee and monitor works so that funds were not misused, misappropriated or lapsed.

It said not only this, there must be a proper check and balance system of accountability like periodic or surprise audit of funds and accounts under joint supervision of chief secretary, education secretary and accountant general (AG) of Sindh to maintain proper accounts and ensure that funds were utilised only for specific purpose of repairs and maintenance of government school buildings.

It ruled: “We have been informed funds allocated for repairs are left at disposal and mercy of influential and political people of local areas. Such practice, being improper and not acceptable, is strongly disapproved as utilisation and disbursement of funds must be absolutely free from arbitrary or whimsical exercise of discretion, political influence and/or personal projection, interest or gain of any nature”.

The order referred to the Dec 27, 2013 order passed by Supreme Court which issued directives regarding distribution and utilisation of social welfare funds received from the companies engaged in oil exploration and production towards development, welfare and uplift of areas of operation.

“District managements of all districts including Badin and Matiari, are duty-bound to utilize funds for welfare and uplift of people residing in their respective districts including repairs, maintenance and uplift of government school buildings,” it said.

It ordered that 25pc from each of (i) District development fund/budget, (ii) Bonus production fund and (iii) Social welfare fund, in respect of every district, should be allocated and utilised by government only for repairs and maintenance of government school buildings of respective district.

According to the order, Sindh government and district oversight committee should ensure 25pc of above funds, yearly budget allocated by government as well as all other aid(s), grant(s), fund(s) or assistance of any nature received for purpose by government/district oversight committee, are utilised only for repairs and maintenance of government school buildings. Government and district oversight committee should ensure that only honest, reliable and competent officers having such reputation and unblemished record are assigned task to manage funds and to oversee and monitor works so that funds are not misused, misappropriated or lapsed.

It said government and district oversight committee should maintain proper accounts of above fund at all times. Sindh government should ensure that funds/accounts are audited on a quarterly basis ie in March, June, Sept and Dec every year under joint supervision of Sindh chief secretary, education secretary and AG.

It said government and district oversight committee should ensure that utilisation and disbursement of funds must be absolutely free from arbitrary or whimsical exercise of discretion, political influence and or personal projection, interest or gain of any nature.

It directed the chief secretary and education secretary to submit compliance report in above terms to this court on a quarterly basis within 15 days of audit of every quarter along with audit report for relevant quarter.

Compliance report should be submitted by them through MIT-II at SHC’s Hyderabad circuit through additional registrar.

Published in Dawn, April 8th, 2020