KARACHI: The Sindh High Court on Monday struck down a notification of the provincial government regarding a raise in tuition fees by private schools, and restrained school managements from charging the increased fee in violation of rules.

A two-judge bench, headed by Justice Munib Akhtar, was hearing similar petitions filed by parents of students enrolled in various private schools across Karachi. The bench declared the raise in tuition fee by private schools unlawful, and directed the provincial government to form a mechanism to calculate school fees. The bench also ordered school managements not to charge extra or late fee from families of those students who were unwilling to pay the exorbitant fee.

The petitioners had stated that according to the rules, school managements could not raise tuition fees by more than five per cent in an academic year; however, some private schools had raised the fee they charged by more than 10pc.

They requested the court to direct the relevant authorities to restrain school managements from raising tuition fees above the rate allowed and to follow rules and regulations.

Govt asked to develop mechanism to determine school fees

While hearing an identical petition back in 2016, the SHC had directed the provincial education department to ensure the enforcement of sub-rule 7m (3) of the Rules 2002, which required private schools to not raise the fee they charged by more than 5pc in an academic year. The SHC had also asked the managements to revise their fee structure after seeking prior approval from the government.

Shahrukh Jatoi case

A special bench, headed by Justice Muhammad Ali Mazhar, heard arguments presented by the counsel representing Siraj Talpur and Sajjad Talpur — the accused in the Shahzeb Khan murder case.

The Supreme Court had earlier annulled a verdict passed by the SHC, which had set aside the suspects’ conviction, and ordered a retrial of the case under the Anti-Terrorism Act, 1997. The Supreme Court had also directed the high court to decide the case within two months.

After hearing the arguments of the defence counsel, the bench put off hearing till March when counsel will continue their arguments.

Advocate Farooq H. Naek, who is representing Shahrukh Jatoi, the primary suspect, said his client was a juvenile at the time he had committed the crime, therefore, he should not be tried under the ATC. The court had maintained that this application could be heard separately, as a bench was constituted to decide the case within the stipulated time.

Earlier on Nov 28 last year, an SHC bench, headed by Justice Salahuddin Panhwar, had set aside capital punishment awarded to Shahrukh Jatoi and Nawab Siraj Talpur and life imprisonment to Sajjad Talpur and Ghulam Murtaza Lashari. The high court had also ruled that the case did not fall under the jurisdiction of the Anti-Terrorism Act, 1997 and could be tried by a regular court.

Following their release, civil rights campaigners had approached the apex court, asking it to set aside the SHC judgment and requested that the case be tried in an antiterrorism court. The suspects were arrested again after the apex court ordered a retrial of the case under ATA.

Published in Dawn, March 6th, 2018