The Peshawar High Court (PHC) recently delivered a landmark ruling, ensuring that private schools in Khyber Pakhtunkhwa (KP) must now provide essential social security benefits to their employees. This crucial decision, rooted in the Khyber Pakhtunkhwa Employees Social Security Act 2021, brings significant relief to teachers and staff, solidifying their right to comprehensive welfare. Consequently, the judgment directly impacts the private school social security landscape across the province.
Landmark Ruling on Employee Welfare
A distinguished bench, comprising Justice Syed Arshad Ali and Justice Dr. Khurshid Iqbal, decisively dismissed a petition. Specifically, the Private Education Network had filed this challenge against a notification issued on January 6, 2025. This notification explicitly declared private schools as establishments covered under the social security law, thereby making them responsible for extending benefits to their personnel. Furthermore, the court emphasized the welfare-centric nature of the social security statute, asserting its clear applicability to private educational institutions.
Clarifying Legal Jurisdictions
The court skillfully rejected the argument that the Khyber Pakhtunkhwa Private Schools Regulatory Authority Act 2017 should supersede the social security legislation. Instead, it ruled that both laws operate within distinct legal spheres. Moreover, the bench highlighted that the regulatory law primarily governs aspects like registration, fee structures, and educational standards. In contrast, the social security law exclusively focuses on ensuring employee welfare and protection. This clear distinction prevents legislative overlap and reinforces the court’s commitment to staff benefits.
Addressing Compliance Concerns for Private Schools
Claims suggesting that compliance would impose an “excessive administrative burden” on private schools were also dismissed by the court. Consequently, the ruling firmly established that neither charitable status nor regulation under another statute exempts institutions from providing vital social security to their employees. This aspect of the judgment ensures equitable treatment for all educational staff. Ultimately, the decision sets a precedent for private school social security obligations.
Immediate Impact Across Khyber Pakhtunkhwa
With the petition’s dismissal, the earlier stay order has been officially lifted. Therefore, private schools throughout Khyber Pakhtunkhwa are now legally compelled to extend social security benefits to all their employees, including teaching staff. This judgment marks a significant victory for workers’ rights and ensures a more secure future for hundreds of educational professionals. Indeed, it underscores the judiciary’s role in upholding fundamental welfare principles.
