Private Schools Staff Get Major Relief from High Court. Private school teachers and staff in Khyber Pakhtunkhwa have received significant legal relief after a landmark ruling by the Peshawar High Court. The court has made it clear that private schools must provide social security benefits to their employees under existing provincial law. This decision strengthens employee rights and places staff welfare at the center of the private education system.
High Court Confirms Social Security Rights for Private School Employees
In a detailed judgment, the Peshawar High Court ruled that all private schools operating in Khyber Pakhtunkhwa are legally required to register their employees under the Khyber Pakhtunkhwa Employees Social Security Act 2021. This includes teachers, administrative staff, and other non-teaching employees.
The verdict was announced by a two-member bench comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal. The bench dismissed a petition filed by the Private Education Network, which had challenged a government notification issued on January 6, 2025.
That notification officially declared private schools as “establishments” under the social security law, making them responsible for extending statutory benefits to their employees.
Why Private Schools Challenged the Notification
The Private Education Network argued that private schools were already governed by another law and should not fall under the social security framework. Their main claim was that the Khyber Pakhtunkhwa Private Schools Regulatory Authority Act 2017 should take precedence over the social security act.
They further argued that enforcing social security obligations would place an excessive administrative and financial burden on private schools, particularly smaller institutions.
Court Rejects All Objections by Private Schools
The Peshawar High Court firmly rejected these arguments. The bench clarified that the social security law is a welfare statute designed specifically to protect employees, while the regulatory authority law focuses on institutional matters such as registration, fee structures, and educational standards.
According to the court, both laws operate in separate and clearly defined spheres. One regulates institutions, while the other safeguards workers’ rights. Therefore, compliance with one law does not exempt private schools from following the other.
Charitable Status Does Not Grant Exemption
One of the key points addressed by the court was the claim that some private schools operate as charitable or non-profit institutions. The bench ruled that charitable status does not excuse any establishment from fulfilling its legal obligations toward employees.
The court emphasized that employee welfare remains mandatory, regardless of whether an institution is profit-based, non-profit, or regulated under a separate statute.
Stay Order Lifted, Implementation Becomes Mandatory
With the dismissal of the petition, the court also lifted the earlier stay order that had temporarily blocked the enforcement of the notification. This means that private schools across Khyber Pakhtunkhwa are now immediately bound to comply with the social security law.
Schools must ensure that their employees are registered with the provincial social security system and receive benefits such as medical coverage and other protections provided under the law.
What This Decision Means for Teachers and Staff
This ruling is being widely seen as a major victory for private school employees, especially teachers who have long raised concerns about job insecurity and lack of social protection.
Key benefits for employees include:
- Access to social security medical facilities
- Legal recognition as protected workers
- Improved job stability and welfare coverage
- Stronger enforcement of labour rights
For many educators, this decision brings long-awaited relief and aligns the private education sector with broader labour welfare standards.
Impact on the Private Education Sector
While private school owners may need to adjust administrative processes, legal experts believe the decision will improve professionalism and accountability in the sector. Ensuring employee welfare is expected to enhance teacher motivation, retention, and overall education quality.
The court also made it clear that administrative inconvenience cannot override statutory rights granted to employees under welfare legislation.
Legal Experts Call It a Landmark Judgment
Legal analysts describe the ruling as a landmark step toward enforcing labour protections in sectors that were previously loosely regulated in terms of employee welfare. By reaffirming the scope of the Employees Social Security Act, the court has set a strong precedent for similar cases in the future.
Conclusion
The Peshawar High Court’s decision marks a turning point for private school employees in Khyber Pakhtunkhwa. By enforcing mandatory social security coverage, the court has reinforced the principle that employee welfare cannot be compromised under any circumstances.
Private schools are now legally bound to protect their staff, and teachers can finally look forward to improved security and dignity at work. This ruling not only benefits employees but also strengthens the overall education system by promoting fairness and accountability.
