ISLAMABAD: The Islamabad High Court (IHC) on Friday restrained the private schools from increasing the monthly fee on their own and empowered the Private Educational Institutions Regulatory Authority (Peira) to determine the school fee in the light of the Supreme Court’s observations.

IHC Justice Aamer Farooq also set aside a notification issued by Peira in September last year that directed the private schools to charge the fee as per Jan 2017 rate.

The court observed that the notification was not issued by the competent authority viz-a-viz chairman and two members of Peira and was signed by a research officer. The court, however, observed that the competent authority – chairman and members – may take up this matter and would decide this in a fortnight.

Justice Farooq decided the petitions filed by the parents of the students, owners of private educational institutions. Besides other issues, the petitioners were also interpreting the observation of the Supreme Court regarding the fee structure of private schools of Sindh and Punjab. In the observation, the apex court has sought up to 20pc reduction in the fee.

The parents adopted before the court that they were perturbed by the exorbitant fees being charged by private schools.

Empowers Peira to determine the school fee in light of the Supreme Court’s observations

Various petitions were filed against the increase in fee or restrictions imposed thereon by the government in the Lahore High Court and Sindh High Court.

All these petitions ultimately landed in the Supreme Court.

After hearing all stakeholders, including the regulatory authorities, the private schools and some parents, the apex court restrained private schools from charging a fee in violation of the law, rules or regulations, the petition said, adding that the short order was followed by a detailed judgement.

After the Supreme Court announced its judgement, parents, including the petitioners, approached Peira and requested its officials to implement the orders of the apex court with regard to an increase in fee. Subsequently, Peira issued a notification which has been challenged before the court.

The petition said charging increased fee without any check by the state in the Islamabad Capital Territory (ICT) only invariably violates Article 25 of the Constitution which makes it binding on the state in unequivocal terms to ensure equal treatment of all citizens before the law.

Peira’s counsel Rashid Hanif adopted before the court that the order of the apex court on capping and reducing fees as applicable on the provinces as well as the federal capital.

He said currently 325,000 students were studying in educational institutions of the federal capital.

He further said the authority in order to implement the Supreme Court’s directive had issued a notification. However, the private schools, while interpreting the apex court order differently, challenged the same before the IHC.

The private schools had challenged Peira’s actions against them on fee increase.

Private schools have been directed by the Supreme Court to revert to the same monthly fee as was being charged in Jan 2017 till they receive regulatory approval to increase their fee by the maximum limit allowed by the apex court.

The freeze will hold till the private schools get regulatory approval for increasing their fee under existing rules and conditions, and subject to a maximum limit of 5pc.

The apex court’s verdict says the annual increase in fees will be permitted only under the law, rules, and regulations till 2019 and onwards. The process of recalculation will be supervised by regulators and only the fee structures approved by them will be allowed.

Since the apex court’s verdict was issued to the extent of Punjab and Sindh provinces only, therefore, the IHC made it clear that Peira may amend its rules regarding the fee structure of the private schools in accordance with the observations passed by the apex court.

Published in Dawn, February 29th, 2020