Islamabad : The Private Educational Institutions Authority’s (PEIRA) has no right to seal private schools as the Islamabad High Court (IHC) already struck down all provided powers in the regulatory act 2016, said Private Schools Association Islamabad (PSAI) President Dr Zofran Ilahi on Monday.
The PSAI president stated this while reacting on recent move of PEIRA in which the authority sealed three private schools over incomplete legal requirements.
Dr Ilahi said that it was clear violation of IHC ruling, adding that we will challenge this in Supreme Court under the article 185 (3) of the constitution of Pakistan.
While citing the IHC judgment, he said “under the sub rule 11 of rule 4 and rule 5 invest the inspection committee constituted under the sub rule 10 ibid with vast powers. The powers so conferred are draconian, unfair and unreasonable, hence are not tenable and therefore struck down”.
An official in the ministry of education, which is overseer institution of the PEIRA, said that indeed there were some extraordinary powers provided to the regulatory body in the PEIRA act 2016 that he said are being deemed as unjust and unacceptable by private educational institutions. “This is actual bone of contention for confrontation between PEIRA and these institutions”, he explained.
The association said that the high court clearly declared the 2016 rules as unfair. “The bare perusal of the rule are unfair and unreasonable and also contrary to the article 18 of the constitution”, it recalled the judgment.
Dr Ilahi further stated that in the challenged rules of regulatory body, there were some unnecessary requirements for instance, he claimed, the renewal documents, obtain of No Objection Certificate (CDA) from Capital Development Authority (CDA) and some other such documentary requirements. “Such practices are nothing to do with monitoring or determining the quality of education and academic activities of the educational institutions”, he said.
He said the authority also proposed some certain sort of changes in service contracts of teachers and also sought information about the Parent Teacher Syndicate, adding that under the deferred rules the prior permission from PEIRA for the addition of classes and introduction of new classes were mandatory while application for the such permission shall be treated as application for fresh registration.
The president said that as per high court decision till such time that a new schedule for payment of the fee for registration is framed, the institutions shall continue to pay the requisite fee as was being charged prior to promulgation of the rules.
As said in a section of a the struck down rules, he said, that whoever violates the rules, shall be liable to be punished with imprisonment which may extend to one year or with fine which may extend to Rs5,000 for each day during period of offence. “This rule has been declared invalid by the IHC”, Dr Ilahi claimed.
He further added that in view of clear direction of the high court, PEIRA is not authorised to seal any private educational institutions or take any other kind of action against them, adding that all rules are declared arbitrary and unreasonable.
“On the behalf my association, which has membership of over 100 schools in capital, I want to request to Supreme Court of Pakistan and other concern quarters to take action against such illegality of the PEIRA”, PSAI president pledged adding that immediate de-seal of said schools was also matter of concern for the authorities.
When contacted, the acting chairman PEIRA Imtiaz Qureshi, however, claimed that the said IHC was challenged in the superior court and till final verdict the body has power to take action against the institutions that violates the prescribed rules.