Constitution of Pakistan 1973, Article 25-A: "The state shall provide free and compulsory education to all children of five to sixteen years of age in such manner as may be determined by law."

• “Right to free and compulsory Education Act, 2012”,

Section- 3: Right of child to free education: Every child, regardless of sex, nationality or race, shall have a fundamental right to free and compulsory education in neighborhood school.

Section- 4: Special Provision for education.- Where a child has not been admitted in any school or though admitted, could not complete his education, then he shall be admitted in an appropriate class in a formal or Non-Formal School.

• Supreme Court of Pakistan (Petition no. 50/2011) while accepting the Petition of the employees of the BECS project, in its judgment declared that Non-formal Education / Special Studies remain the mandate and joint subject of the Federal Government, and declared the closure of BECS Project as violation of Constitution’s Article 25-A, Article 70 read with Entry 16 of Part I of the Federal Legislative List, and ordered its continuation by passing the following verdict:

        “The proposed action on part of respondent No. 1 to 4 of closing down ‘Establishment and Operation of Basic Education Community Schools’ is without lawful authority and of no legal effect and is violation of article 25-A of the constitution of Islamic Republic of Pakistan, 1973”.

“Undoubtedly, the education may be informal, falls within this Entry as it deals with the professional and technical training and the promotion of special studies. The word “special studies” is capable as per its meanings to cover the informal education as well. We have explained hereinabove that informal education is nothing but a mode of imparting education in the less developed areas where facilities to provide education by opening regular schools are not possible, therefore, by means of adopting informal system a special study is imparted to the children of the areas, who as a matter of right, under Article 25-A of the Constitution as well as in terms of the Injunction of Islam, are entitled to get the education.”

The State, i.e. both Federal and Provincial Governments in view of Quranic Injunction and sayings of Holy Prophet (Peace Be Upon Him) and in pursuance of constitutional provisions, is duty bound to provide social justice and education in the country.

     “We are of the considered opinion that under Article 70 read with Entry 16 of Part I of the Federal Legislative List and the Constitutional Amendments … the Basic Education Community Schools providing informal education to the backward classes or the areas shall continue to function. …..therefore, the project of Basic Education Community Schools cannot be closed down”