ISLAMABAD: The Islamabad High Court (IHC) on Thursday issued a stay order in a matter related to the allotment of Rs20 billion plot in Sector F-11, which was meant for a government school but allotted to a private entity by the education ministry free of cost.

Justice Aurangzeb directed the Capital Development Authority (CDA) to ensure “not a single brick is laid” at the site. The court was hearing the petition filed by the Private Teachers Association of Islamabad through counsel Kashif Ali Malik.

As per the details, the Ministry of Federal Education and Professional Training granted approval to the execution of a project titled ‘Establishment of School at Multiple Locations of Islamabad Capital Territory on Public-Private Partnership’ earlier this year.

The Departmental Development Working Party (DDWP) approved the PC-1 of the said project in its meeting held on March 24, 2023, which said the private sector would establish a primary school at the site located in Street No 20, F-11/2 and run it as per the agreed terms of references (ToRs).

Justice Aurangzeb irked by ministry’s failure to appoint FDE director general

The CDA had offered the Federal Directorate of Education (FDE) a piece of land measuring 12,888.88 square yards in Sector F-11/2 on lease for a period of 33 years, extendable for two subsequent terms of 33 years each “for the construction of primary school”.

The annual ground rent was Re1 per square yard per annum.

During the course of the hearing, Justice Aurangzeb expressed displeasure over the government’s failure to appoint the director general of the FDE and instead delegating its charge to a joint secretary of the ministry.

He remarked that the DG was removed for not giving consent to the allotment of the plot to the private firm.

Justice Aurangzeb questioned under what rule the joint secretary assumed the office of the FDE director general.

It is pertinent to mention that Dr Ikram Ali Malik was removed from the post unceremoniously – three months before the completion of his tenure – reportedly because of his staunch opposition to the handing over the government plot to the private party.

Additional Attorney General Barrister Munawar Iqbal Duggal argued that since the government was facing financial constraints, the private sector had been asked to construct the school on government land.

Advocate Malik argued before the court that the process initiated by the ministry with the aim of entering into an agreement was in violation of Article 25A of the Constitution, which provided that the “state shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law”.

He argued that the pretext of a public-private partnership was an eyewash with the intended purpose of bestowing state largesse.

He added the plot was allotted to the FDE only for the provision of free and compulsory primary education.

Published in Dawn, October 27th, 2023