‘Private schools can’t raise fees by more than 5pc’

The Sindh High Court (SHC) has restrained private schools from increasing tuition fees by more than five per cent as well as taking action against students whose parents have disputed fee hike of up to 14 per cent.

The direction came on Wednesday on a petition of Mehmood Alam and other parents who challenged the increase of tuition fees in violation of the Sindh Private Educational Institutions (Regulation and Control) Ordinance 2001.

They said their children were studying at a private school in KDA Scheme No 1 and the school administration had increased tuition fees by 12 to 14 per cent in violation of the private educational institutions ordinance.

Their counsel Noman Jamali submitted in the petition that private schools could only increase tuition fees up to five per cent on the previous fee schedule, subject to proper justification and prior approval of the registration authority. He submitted that the private school’s administration was sending reminders and notices to the parents with regard to increase in fees, which was unlawful.

The court was requested to direct the administration to act strictly in accordance with the law and the education department to take action against the administration for the fee increase in violation of the ordinance. The SHC division bench headed by Justice Munib Akhtar issued notices to the provincial law officer, the education secretary and the private school’s administration, directing them to submit their comments on September 27.

The court ordered that in the meantime, the private school’s administration should not take any action by way of enhancement of fee or otherwise prejudicial to any student whose parent or guardian were petitioner in the instant case, including and in particular but not limited by way of action on the reminder notices sent to the parents or guardians in relation to enhanced fees.

The SHC had already reserved judgment on petitions against increase of tuition fees in private schools. Private school managements’ counsel Farogh Naseem said restriction of increase in tuition fees up to five per cent was contrary to the law as private schools had to suffer losses due to such a limitation, which would also affect the quality of education.

He said that every private school had a different education system and no guidelines were provided in the rules to determine the fees. Provincial law officer submitted the gazette notification with regard to increase of tuition fees in private educational institutions, according to which private schools or educational institutions could not increase tuition fees by more than five per cent a year.

In October parents and students had won the legal battle against private schools for increasing tuition fees up to 14 per cent, as the court observed that schools should only increase fees up to five per cent a year.

However, the Supreme Court set aside the judgment and remanded back the petitions to the SHC for hearing afresh the appeal of the school management that submitted that implications, vires and application of Rule 7(3) of Sindh Private Educational Institutions (Regulation and Control) Rules 2005 were not examined in the judgment.

The top court had directed the SHC to hear the petition afresh prior to the summer vacation and ordered that in the meantime, schools should not expel any student or take any action against their interest for non-payment of the increased school fees.  

Security of schools

The SHC directed the focal person of the provincial government to appear in court and assist it in implementing the proposed action plan suggesting enhanced security measures to be adopted by the government for all educational institutions.

The court was hearing the petition of the Pakistan Institute of Labour Education & Research (PILER) seeking directives for provincial authorities to boost security of educational institutions following the 2014 Peshawar Army Public School attack.

PILER had filed a petition in January 2015 seeking direction for the Sindh government to protect all the educational institutions in the province to avoid repetition of such an incident.

The petitioner’s counsel Faisal Siddiqui had submitted the proposed action plan and suggested that the government enhance security of all the educational institutions across the province. The court had directed the focal person to assist the court on such proposed action plan and suggestions of the petitioner, but he did not appear.

Issuing notice to the focal person, the court directed him to appear on October 12 and assist the court in implementation of the proposed plan. The court was earlier informed by the law officer that there were 81 schools across the province that were “most sensitive” in respect of security. His report stated that a summary was forwarded to the CM requesting funds for raising security walls around the school buildings.