Bar on school fee hike extended till Nov 8

The Sindh High Court on Tuesday extended till November 8 its interim stay order restraining 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. 

Petitioners Bushra Jabeen, Arshad Fawad, Mohammad Shariq Feroz and 600 other parents have challenged the increase of tuition fees at four private schools in violation of the Sindh Private Educational Institutions (Regulation and Control) Ordinance, 2001.

They said their children were studying at private schools situated in KDA, Gulistan-e-Jauhar and Qasimabad, and the schools’ administrations had increased 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 by up to five percent, that too subject to proper justification and prior approval of the registration authority. 

He submitted that the schools’ administrations were sending reminders and notices to the parents with regards to fee hikes which was unlawful.

The court was requested to direct the administration to act strictly in accordance with the law and to order the education department to take action against the administrations for the violations.  The petitioners’ counsel requested the court to tag these petitions with identical petitions in which the court had already reserved its judgment.

However, the lawyer representing the schools requested the court to hear the petitions separately.

The SHC division bench headed by Justice Munib Akhtar directed the counsel to argue over the issue at the next hearing on November 8. The court also extended the interim stay order declaring that private schools’ administrations should not take any action by way of enhancement of fee or otherwise prejudicial to any student whose parent or guardian was a 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. 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.