SHC issues notices to education department, private schools on contempt plea

The Sindh High Court on Monday issued notices to the provincial private schools director, the managements of private schools and others on a contempt application filed by parents against non-implementation of a court order that declared the increase of tuition fees by over 5 per cent from the last fee schedule as illegal.

Petitioner Bushra Jabeen and others filed contempt application against private schools, the director private schools and others for not implementing court orders. Their counsel submitted that the SHC on September 3 had declared that increasing of tuition fees by more than 5 per cent from the last fee schedule was illegal and had directed private educational institutes to either refund the excess amount or adjust it in future fees.

The petitioners submitted that despite the court’s directives the managements of private schools were issuing enhanced fees Challan and the education department had failed to implement the court’s decision. They requested the court to take action against the non-complying schools and direct the education department to ensure implementation of the court directives in letter and spirit.

After a preliminary hearing of the petition, an SHC full bench headed by Justice Aqeel Ahmed Abbasi issued notices to the four private schools, the director private schools and sought their response on the petition on November 19.

The court also directed the education department to submit a report with regard to the approved fees structure of private schools on the next date of hearing. It is pertinent to mention that the SHC’s full bench had declared that provisions of Section 6 of the Sindh Private Educational Institutions Ordinance and Rule 7(3) that restrict 5 per cent fees enhancement on private educational institutions do not suffer from any constitutional defect or legal infirmity and are intra vires to the Constitution and the law.

The parents submitted that their children were studying at private schools situated at KDA Scheme, Gulistan-e-Jauhar and Qasimabad and the respective schools’ administrations have increased the tuition fee by 12 to 60 per cent in violation of the ordinance.

The petitioners’ counsel had earlier contended that private schools could not be allowed to make profit from their own choice as education is among the basic necessities of life like food and health care, and the government has the authority to stop private schools from profiteering. He further said that the government has validly passed the act and delegates power to the authority to make rules on fees structure which were not contested.

The Sindh government had also supported the parents’ petition and submitted that the government has the authority to regulate private schools with regard to increase the tuition fees and private schools could only increase tuition fees with the approval of the competent authority as per the relevant laws.

The provincial law officer had submitted that private schools could not increase fee by more than 5 per cent and government did not allow any private school to increase fees.