IHC sets aside PEIRA notification which stopped private schools from increasing fee

Islamabad

A single bench of the Islamabad High Court (IHC) has set aside a September 23, 2015 Private Educational Institutions Regulatory Authority (PEIRA) notification under which private schools were stopped from increasing monthly fees of schoolchildren. 

Private schools, including Beaconhouse, City School, Froebel’s, Roots, Headstart and some others had challenged the notification before the IHC.

Private schools had been seeking from the IHC not only to set aside the notification but the whole act of PIERA. The IHC bench, however, accepted their first contention and set aside the notification, while declining their second request to annul the PIERA Act.

The IHC bench has set aside the notification while citing reason that it could not have been issued by an acting chairman instead of a regular chairman. The Ministry of Capital Administration and Development Division (CADD) secretary had been performing as acting chairman of PIERA at the time when the notification was issued. The court directed the government to consult all stakeholders before issuing any notification. 

It was in September last year when the prime minister after widespread protests by the parents on increased amount of fee had taken notice of the situation. PIERA, on September 23 had circulated a notification saying “The Private Education Institutions enhanced the fee without the permission of the authority, which is not permissible under the law. All private Educational Institutions are directed not to increase any fee, charges and funds in 2015. Any increase in fee / fund / charges, already charged by the institutions shall be refunded / adjusted in the subsequent challans/bills.” The notification further said, “In case of default, the authority would be constrained to act in pursuance of Section
16 of PEIRA Act 2013, against the non-observing institutions.”

At which, private school owners, through Asma Jehangir and Shahid Hamid advocates, had assailed the notification by adopting that the private schools need no permission from the federal government for increase in the school fee.

On October 12, 2015 the IHC bench had conditionally allowed Beaconhouse and City School to receive enhanced amount of fee from the students for the month of September-October after the schools assured to refund the increased amount in the following months.

Other private schools then joined in this matter and also filed their petitions.

Private schools, through their counsels, had adopted that the impugned notification was issued without meaningful consultation with stakeholders those were owners / management of private schools while publicising meetings with a handful of agitating parents.

Petitioners stated that they provide state-of-the-art educational facilities with air-conditioned rooms, power back-up, fine furniture and well-educated staff. So private schools could not be compared with the government schools where children get education while sitting at the carpets, counsels for the private schools also said. The petitioners had prayed to the court to declare the notification illegal, null & void and schools may be allowed to receive fees on increased rate for the academic year 2015.

Parents of the student becoming party to this case through Ammar Sehri advocate had contended that the school fees were already too exorbitant that they barely afford. Increase in the amount would overburden the parents.