By Malik Asad

Copyright dawn

ISLAMABAD: The Islamabad High Court (IHC) has sought a detailed report from the Private Educational Institutions Regulatory Authority (Peira) on whether elite private schools in the capital are complying with their statutory obligation to provide free education to underprivileged children.

The court issued the directive during the hearing of a petition highlighting non-implementation of the Right to Free and Compulsory Education Act, 2012.

Justice Raja Inaam Ameen Minhas asked Peira to file a comprehensive report by October 8 under Section 10 of the Act, explaining how many poor students have been admitted by private schools since the law came into effect. The court also directed the authority to obtain reports from all schools functioning in the Islamabad Capital Territory (ICT) and submit them at the next hearing.

The petitioner’s counsel argued that although the Act was enacted in 2012, it was only enforced in 2015, yet despite the passage of a considerable period, compliance remains negligible.

He submitted that under the law, all private schools in ICT are required to allocate at least 10 percent of the seats in each class for disadvantaged children and provide them free education, but this provision has not been implemented in practice.

The counsel contended that Peira, as the designated regulator, had failed to discharge its duty of ensuring compliance with the law.

“It is the sole obligation of the respondent to make certain that every private institution fulfils its legal responsibility,” he said.

The court took note of the arguments and observed that the matter pertained to a fundamental right of access to education for children belonging to poor families. The judge remarked that the issue had persisted for years despite clear provisions of the law, and it was the responsibility of the regulator to enforce it effectively.

The court’s order emphasised that Peira must provide verifiable data on the admission of disadvantaged students since the inception of the Act.

It also called upon the authority to explain what steps it had taken so far to ensure implementation of the 10 per cent quota and whether any monitoring mechanisms or enforcement actions had been initiated against schools that failed to comply.

Education activists have long criticised the lack of enforcement of the 2012 Act, pointing out that while the law provides for compulsory education for all children between the ages of five and sixteen, its provisions have largely remained on paper.

Section 10 specifically places a binding obligation on private schools to accommodate underprivileged children without charging fees, in return for the benefits and recognition they receive from the state.

Despite repeated assurances from the government in the past, ground realities indicate that thousands of deserving children in the federal capital are still deprived of access to private schooling due to financial barriers.

The case has now been adjourned, with Peira expected to submit its comprehensive report on or before October 8.

Published in Dawn, September 29th, 2025