Two private schools conditionally allowed to hike fee
Assure IHC of refunding increased fee next month as challans had already been issued before Peira notification
By Faisal Kamal Pasha
October 13, 2015
ISLAMABAD: The Islamabad High Court (IHC) Monday conditionally allowed two private schools — Beaconhouse and City School — to receive enhanced fee for the current month after their assurance of refunding the increased amount in the next month.
Justice Aamir Farooq ordered status quo in the instant matter till the final adjudication and directed the government not to take any adverse action against the managements of two schools.
The court also issued notices to the Private Educational Institutions Regulatory Authority (Peira) and the Ministry of Capital Administration and Development Division (CADD) seeking their replies and adjourned further hearing till November 12.
The prime minister took notice of the situation after widespread protests by parents against the increased fee.
The CADD issued a notification on September 23 saying: “The private educational institutions have enhanced the fee without permission of the authority, which is not permissible under the law.
All the private educational institutions are directed not to increase any fee/charges/funds in 2015.
Any increase in fee/fund/charges already charged by the institutions shall be refunded/adjusted in the subsequent challans/bills.”
The notification further said: “In case of default, the authority would be constrained to act in pursuance of Section 16 of Peira Act 2013 against the non-observing institutions.”
The two schools challenged the Peira notification through Shahid Hamid and Asma Jehangir advocates.
After preliminary arguments, the court sought an assurance from the school managements that they will refund increased amount of fee.
The school administrations adopted before the court that challans had already been issued for the current month with the increased fee.
The legal counsel for the schools prayed the court to restrain the government from taking any adverse action against the schools.
The petitioners adopted that the impugned notification was issued without meaningful consultation with the owners/managements of private schools while publicising meetings by a handful of agitating parents.
The petitioners prayed the court to declare the notification illegal and null and void and allow the schools to receive increased fees for the academic year 2015.
The court however did not suspend or annul the notification but issued notices to the Peira and the CADD.
Justice Aamir Farooq ordered status quo in the instant matter till the final adjudication and directed the government not to take any adverse action against the managements of two schools.
The court also issued notices to the Private Educational Institutions Regulatory Authority (Peira) and the Ministry of Capital Administration and Development Division (CADD) seeking their replies and adjourned further hearing till November 12.
The prime minister took notice of the situation after widespread protests by parents against the increased fee.
The CADD issued a notification on September 23 saying: “The private educational institutions have enhanced the fee without permission of the authority, which is not permissible under the law.
All the private educational institutions are directed not to increase any fee/charges/funds in 2015.
Any increase in fee/fund/charges already charged by the institutions shall be refunded/adjusted in the subsequent challans/bills.”
The notification further said: “In case of default, the authority would be constrained to act in pursuance of Section 16 of Peira Act 2013 against the non-observing institutions.”
The two schools challenged the Peira notification through Shahid Hamid and Asma Jehangir advocates.
After preliminary arguments, the court sought an assurance from the school managements that they will refund increased amount of fee.
The school administrations adopted before the court that challans had already been issued for the current month with the increased fee.
The legal counsel for the schools prayed the court to restrain the government from taking any adverse action against the schools.
The petitioners adopted that the impugned notification was issued without meaningful consultation with the owners/managements of private schools while publicising meetings by a handful of agitating parents.
The petitioners prayed the court to declare the notification illegal and null and void and allow the schools to receive increased fees for the academic year 2015.
The court however did not suspend or annul the notification but issued notices to the Peira and the CADD.
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