SHC orders restoration of expelled students

Karachi
The Sindh High Court ordered on Tuesday the restoration of the students of a private school expelled over the non-payment of their tuition fees following the fee hike row between parents and school managements, but subject to the payment of the amount being charged before the increase.
The directives came on petition filed by Moiz Ishaque and other 426 parents who had challenged the increase of tuition fees of a private school maintaining that it was in violation of the Sindh Private Education Institution (Regulation and Control) Ordinance.
They submitted that their children were studying in a private school in North Nazimabad in primary and secondary sections and the school administration, in violation of the law, had increased tuition fees by 14 percent.
Their counsel, Mahreen Ibrahim, submitted in the petition that the school administration to fetch profit from the petitioners was using amendments made in the Income Tax Ordinance 2001 as a cover which required education institutions to collect advance taxes from students which was adjustable against a tax liability on parent or guardians.
However, the petitioners’ counsel submitted that the school management were using the amendment as a tool which required that advance tax should not be collected if the fee structure did not exceed Rs,200,000.
She submitted that private education institutions could only increase tuition fees by five percent of the last fee schedule subject to proper justification and prior approval of the registration authority.
The court was prayed to direct the private school administration to act strictly in accordance with the law and direct the education department to take action against the school administration for the 14 percent increase in tuition fees.
The court, during the previous hearing, had restrained the school’s management from taking any coercive action against the students whose parents had sought action against the fee increase.
The court, however, directed the parents to continue paying the current fees to the school management.
The court was informed that some of the students had been expelled on account of non-payment of their tuition fees.
An SHC division bench headed by Justice Sajjad Ali Shah ordered that those students who were expelled by the school on account of the non-payment of tuition fees, especially after the increase, be restored to their original position on the payment of the normal tuition fees being received by the school management prior to the hike.
The private school’s counsel, Jam Asif Mehmood, submitted that the management had also challenged the vires of the ordinance with regard to the increase of tuition fees by the private education institution.
The court, adjourning the matter till November 2, directed the education director to appear in person and file comments on the petitions by the next date of hearing.
It is pertinent to mention that school management had assailed the vires of the Sindh Private Education Institution (Regulation and Control) relating to the five percent increase in tuition fees contending that if the management was restricted by the government to limit the fee level, it would have to compromise on quality
The school management argued that impugned legislation conferred unreasonable powers to the government and the education department to interfere in business of the education institution and was liable to be struck down.
It was submitted in the petition of the school management that despite the alleged excessive fee charged by the private schools, hundreds of children were on its waiting list for admission at any given time.