Two more private schools restrained from increasing fee by over 5pc

The Sindh High Court on Friday restrained two more private schools from increasing tuition fees by more than five percent as well as taking action against students whose parents had disputed the 14 to 60 percent fee hike. 

The directives came on a petition of Arshad Fawad, Mohammad Shariq Feroz and 200 other parents who challenged the increase of tuition fees in the schools in violation of the Sindh Private Educational Institutions (Regulation and Control) Ordinance, 2001.

They said their children were studying at private schools situated at Gulistan-e-Jauhar and Qasimabad and the respective schools’ administrations have increased the tuition fee by 12 to 60 percent in violation of the 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.