SHC seeks record of private schools approved fee structure

KARACHI: The Sindh High Court on Monday directed the director general private schools to place on record the last approved fee structure of private schools.

The order was passed during the hearing of a contempt of court application filed by parents of private schools’ students against the non-implementation of the court order that declared the increasing of tuition fees by the private educational institutions over and above 5 per cent from the last fee schedule as illegal.

Petitioner Bushra Jabeen and others filed the contempt application against private schools, director private schools and others for not implementing the court orders. The petitioners’ counsel submitted that on September 3, the SHC had declared that enhancement of tuition fees over and above 5 per cent from the last fee schedule illegal and had directed private educational institutes to either refund the excess 5 per cent amount to the students or adjust the same in future fees.

They submitted that despite the court directives the management of the private schools were issuing enhanced fees Challan and the education department had failed to implement the court’s decision in letter and spirit. They requested the court to take action against the private schools’ administrations which were not following the court orders and direct the education department to ensure implementation of the court directives.

The counsel of private schools submitted that the Supreme Court had on January 10 issued an interim order with regard to reduction in private schools fee structure and sought time to file a copy of the SC’s order. He said that the order of the Supreme Court with regard to deposit of refundable amount which was charged over and above the last fee structure was being complied with in letter and spirit and sought time to file a statement showing compliance.

DG Private Schools Dr Mansoob Hussain Siddiqui filed a statement before the court with regard to the issuance of a notification in light of the Supreme Court’s judgment.

In response to a question from the court, he said that two private schools did not approve the fee structure from the Directorate of Private Schools and obtained stay orders from the court whereas action was taken against other private schools which did not approve the fee structure.

The petitioning parents’ counsel submitted that the fee structure produced by private schools was factually incorrect and they were charging different fees from students in the same grade. He further said that the respondent schools were not issuing proper revised fee vouchers despite the lapse of considerable time from announcement of the court order.

The SHC’s full bench, headed by Justice Aqeel Ahmed Abbasi, observed that the Supreme Court is seized of matter relating to enhancement of school fees and appeal of SC

order was also pending before the court.

Therefore, the court adjourned the matter till January 28 and in the meantime directed the DG private schools to place on record the last approved fee structure in respect of private schools and alleged contemnors through a statement before the next date of hearing.

It should be mentioned that the SHC’s full bench had declared that the provisions of Section 6 of the Sindh Private Educational Institutions Ordinance and Rules 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.