SHC seeks private schools’ fee structure record since 2005

The Sindh High Court (SHC) on Monday ordered the provincial education department’s director of private schools to submit the approved fee structure record of private schools since 2005 and the details of the action taken against the institutes violating it.

The SHC was hearing a contempt-of-court application filed by parents against the non-implementation of the court’s order that had declared private educational institutions’ move of increasing fees by over five per cent as illegal.

Bushra Jabeen and other petitioners had filed the application against private schools, the director of private schools and others over the non-implementation of the court’s orders. Their counsel told the SHC that on September 3 the court had declared increasing tuition fees by private educational institutions over and above five per cent from the last fee schedule as illegal and directed the institutes to either refund the excess amount to the students or adjust them in future fees.

They said that despite the court’s directives, the managements of private schools are issuing increased fees challan and that the education department has failed to implement the court’s decision in letter and spirit.

They requested the SHC to take action against the administrations of the private schools that are not following the court’s orders and to direct the education department to ensure implementation of the directives in letter and spirit.

The SHC’s full bench headed by Justice Aqeel Ahmed Abbasi inquired the director of private schools about the details of the approved fee structure of private schools, wanting to know whether or not it has been implemented.

The court observed that private schools are collecting fees that have been increased more than five per cent despite the court warning them that contempt proceedings will be initiated against the institutes found to be violating its orders.

The SHC directed the education department to submit the complete record of the approved fee structure of private schools since 2005 and to submit the details of the action taken against the institutes that have been violating the approved fee structure and the court’s orders by December 3.

Illegal fee hike

Back in September, the SHC’s full bench had declared that increasing private schools’ tuition fee more than five per cent of the last fee schedule is illegal, directing the institutions to either refund the excess amount or adjust it in future fees within three months.

The court issued a detailed order on the petitions of parents who had challenged the increase in tuition fees by 12 to 60 per cent in violation of the Sindh Private Educational Institutions (Regulation and Control) Ordinance of 2001.

The bench said its verdict shall apply in rem to all the students and private institutions that are governed under the Ordinance and its Rules of 2005. The court said the education sector has been neglected by every government in the past 70 years, adding that a nominal percentage in the budget is allocated to the sector and most of it either remains unused or is misappropriated.

“This constant lack of interest towards educating our children has not only destroyed public sector education of the country, but also created a vacuum in the public education sector that has encouraged the private education sector to enter the lucrative business,” the SHC’s full bench headed by Justice Aqeel Ahmed Abbasi stated in the judgment.

The bench said education has acquired the status of a highly profitable industry in most cities of the province, adding that private schools dictate their own terms by charging fees of their own choice, with the least government control or supervision.

The court said the ultimate constitutional mandate of providing social justice and free education to all children of the country cannot be compromised while regulating the private education sector. It has to be ensured that the element of reasonableness in charging tuition fee shall always be kept in mind so students can continue their studies on payment of affordable tuition fees, which shall not be permitted to be increased every year, it added.

The SHC said that by induction of private institutions in the education sector the burden of the government to provide compulsory education to all children has been reduced to a certain extent, but at a much higher financial burden to be borne by the middle and lower-middle classes.

The bench said that the prime reason for the growth of the private education sector is that the public sector has miserably failed to fulfil its constitutional commitment of providing compulsory free education as well as to provide quality higher education at affordable cost. The government is required to improve public sector education by increasing the education budget and to formulate a uniform education policy for both public and private education sectors so that there is no difference in the quality and standard of education provided by public and private institutions, it added.

The court said the private sector needs to be regulated in such a manner that while they are permitted to run their businesses, they also keep in mind the constitutional mandates and ensure that they charge reasonable tuition fees.

Imparting knowledge is a divine service and providing education is a noble task that must not be treated on a par with profitable businesses having no element of service to children, particularly when the right to free compulsory education has been recognised as one of the fundamental rights under Article 25-A of the Constitution, it added.