Let's join hands for betterment. The ultimate focus is to build close coordination between management, teachers and parents with a positive intention to bring change.
Parents started the campaign against fee hike in 2015 after receiving 20-25% enhanced fee vouchers from different private schools. This was increasing since 2005. Schools were of the opinion that if the parents cannot afford, they should take their children out and try another private school. Parents approached the private school(s) but after failed talks with the school(s) management, parents approached SHC in October 2015 and filed several petitions against the unjustified fee hike of private schools. School had also filed a petition and challenged the law being ultravires.
On 17th February 2016, The SHC reserved its order. SHC then issued a note that their attention has been withdrawn towards 3 petitions which were filed at SHC in 2005 in which the same law was challenged and those petitions are currently pending in review. Further, that before deciding the parents’ petitions, those review petitions are required to be decided by the bench where these old petitions are pending. In around August/September, one school approached SC requesting them to direct SHC to decide the matter as soon as possible.
SC passed directions to SHC to decide the matter within one month. On the orders of SC, the SHC asked the counsels of old petitions what if they decide the present petitions now and the review petitions will be decided separately to which they said counsels agreed. On 7th October 2016, SHC allowed parents’ petitions and dismiss schools petition which was filed in 2015 challenging the existing law on ultravires grounds.
Private Schools filed appeal in SC against SHC orders dated 7th October 2016. SC remanded back all petitions to SHC ordering them to decide the old petitions first; and then decide the latest petitions in light of the judgment of the old petitions with further directions that the stay order passed by the SHC initially will remain status quo and schools cannot take any action against the interest of children and that these petitions should be heard on daily basis to decide them preferable before summer vacations i.e. July 2017.
With the case in court, School didn’t stop increasing fee, forcing other parents also to head towards court. Parents from different private schools had a meet up on 13th August 2017 with a discussion to regulate school fee and empower them to follow law after they received fee vouchers.
After different meet-ups parents approached the school but after failed talks with the school management, parents approached DG Education to resolve this unlawful fee hike matter. DG Education wrote a letter to School not to increase the fee until court decides the matter. School disowned DG Education letter after which Parents approached SHC and filed several petitions against the unjustified fee hike of private schools in August 2017.
Petitions were filed and Court initially gave us a stay till 27th Sep, 2017.
On 27th Sep, 2017, school lawyer asked for more days to present their matter in front of SHC and SHC gave them a new date i.e. 10th October 2017 and it goes on till 5th of April 2018 clearly mentioning that stay for parents remains the same.
Our petitions were not coupled with old cases mentioned above because of technical reason i.e. previous petition verdict were reserved in July and our petitions were filed in August 2018.
School knew about all hearing process of previous petition i.e. of 2015 and were in complete satisfaction that 7(3) rule will be quashed that’s why School lawyer made utmost effort to extend the date of hearing which happened till 7th March 2017 for new sets of petition. School planned it in such a way that if the decision which was reserved in July 2017 announced in favor of school i.e. quashing 7(3), school will ask court to dispose of all similar petitions as decision has been made. Blessing in disguise that our petitions were in different bench and we had a chance to proceed with new findings on 5th April 2018 hearing of the case and make it justified that previous verdict and hearing didn’t counter evidences which are placed in front of this new bench in SHC.
A two-member bench of the Sindh High Court (SHC) referred the case of school fees to the SHC chief justice (CJ), recommending the formation of a larger bench to hear the case.
The bench, comprising Justice Aqeel Ahmed Abbasi and Justice Ashraf Jehan, was hearing a petition filed by parents of students studying at four schools, including Foundation Public School, Head Start Schooling Systems, Beaconhouse School & The City School. Mr. Amir Naseer, lawyer representing the petitioners argued that the SHC had earlier decided that the 2001 law which regulated schools was intact. He added that until a new policy was formed, schools could not raise their fees. He informed the bench that some schools, despite the stay order against increase in fee, had issued vouchers with more than 5% increase in the fees.
The bench remarked that it was a tragedy that the government was not performing its duty and government schools were in a sorry state of affairs. Justice Abbasi observed that a comprehensive policy was needed so that parents did not feel burdened in paying school fees of their children. There should be a comprehensive policy to govern all affairs of schools, the bench observed.
Justice Jehan questioned if there was any justification for Rs 200,000 collected by schools on account of registration and admission fees. The bench also remarked that the apex court had apparently only referred the case back to the high court for fresh hearing without annulling the previous SHC order. After hearing the arguments of both the sides, the bench decided to recommend to the SHC CJ to form a larger bench to hear the matter.
3RD SEP, 2018 (MONDAY) FINAL VERDICT BY LARGER BENCH
The Sindh High Court on 3rd Sep, 2018 (Monday) ruled that private schools cannot increase tuition fees beyond 5% per annum. A three-member larger bench, comprising justice Aqeel Ahmed Abbasi, Muhammad Ali Mazhar and Ashraf Jehan, heard the case on Monday. An increase of more than 5% in the tuition fee charged by schools is illegal & rule 7(3) is intravires, the court ruled. The Sindh government also opposed the raise and contended that the schools could not increase the fees without approval from the competent authority.
A full bench of the high court was hearing identical petitions against increases in tuition fees by private schools in violation of the Sindh Private Educational Institutions (Regulation and Control) Ordinance 2001.
13 DECEMBER, 2018 (THURSDAY) SUPREME COURT OF PAKISTAN
The Supreme Court on Thursday ordered a 20 per cent decrease in fees charged by upscale private schools, and ordered them to return half the fees they had charged for summer vacations. The order is applicable to private schools across the country whose fees are in excess of Rs5,000. The court, while hearing a case pertaining to exorbitant fees charged by private schools, had in October ordered the institutes to furnish audit reports, and formed a committee to find an amicable solution to the issue of exorbitant fees being collected from parents. The audit reports for Beacon House School System, The City School, Lahore Grammar School, Roots School System, Bayview Academy and 15 other schools, which were submitted before the court today, mentioned that the directors and top officials of the schools had received Rs62 million in salaries in 2017. A total of Rs512 million was spent on employees' salaries in one year, while Rs5.2 billion was spent in five years, the report said, adding that various facilities were also provided.
The chief justice, commenting on the large amounts, wondered, "Have these schools bought uranium mines or gold mines?"
"Each director gets a salary of Rs8.3m each month," Justice Nisar said. He observed that the LGS audit report appeared to be incorrect, and expressed his displeasure with the auditor, saying they should be caught and handed over to the Federal Board of Revenue (FBR).
13 JUNE, 2019 (TUESDAY) SUPREME COURT OF PAKISTAN
On May 9, a three-judge bench hearing the private school fees case had reserved its ruling.
The Supreme Court in a majority verdict overturned on Wednesday its earlier decision of reducing tuition fees by 20 per cent by private schools, but ordered the institutes to re-calculate their fee by using as base the 2017 fee structure of Punjab and Sindh. The calculations of the fees will be done in accordance with the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2017 and the Sindh Private Educational Institutions (Regulation and Control) Rules 2005.
The bench was headed by Chief Justice Asif Saeed Khosa whereas Justice Ijaz-ul-Ahsan wrote the majority judgement. However, Justice Faisal Arab dissented from the judgement with his own reasoning.
The judgement held that Rule 7-A and Rule 7(3) of the Punjab and Sindh laws, respectively, were in accordance with the constitution rules. Rule 7-A of the Punjab law allows 8pc increase in tuition fee in an academic year, whereas Rule 7 (3) of the Sindh law provides that the fee in an academic year can be increased by up to 5pc.
HIGHLIGHTS OF SUPREME COURT DECISION, 13TH JUNE 2019
Civil Appeals No.1021 to 1026 and 1095 to 1097/2018 are allowed and the judgment of the learned Division Bench of the High Court of Sindh, Karachi in Constitution Petition No. D-5812/2015, etc. delivered on 5th March 2018 is set aside. The said judgment in so far as it declares Rule 10 of the Rules of 2005 as intra vires is upheld
Civil Miscellaneous Application No. 8466/2018 and Civil Appeals No. 1138, 1154 to 1158, 1486 and 1487/2018 are dismissed and the judgment of the learned Full Bench of the High Court of Sindh, Karachi in Constitution Petition No. D-6274/2017 etc., delivered on 3rd September 2018 titled Bushra Jabeen and 367 others v Province of Sindh through Chief Secretary and others (2018 MLD 2007) is affirmed and upheld.
Civil Petitions No. 4475 and 4476/2018 filed against the order dated 19.11.2018 passed in Civil Miscellaneous Application No. 33322/2018 in Constitution Petition No. D-6274/2017, etc. are dismissed as having been rendered in fructuous.
WHAT ABOUT 20% REDUCTION
Upon decision of the main appeals in the terms noted above, all interim orders passed during the pendency of the appeals (including the order dated 13.12.2018 passed in Civil Appeal No. 1095/2018 regarding reduction of fees by 20% as an interim measure) have ceased to be effective, For the Province of Sindh, fees may be recalculated using the fee prevailing on 29.06.2017 as the base fee and onwards, in accordance with the Rules of 2005 (gazetted on 29.06.2017).
WHAT ABOUT ADJUSTMENT
Provided that the schools shall not recover any arrears on account of the reduction in fee by reason of the interim order of this Court dated 13.12.2018 till the date of this judgment.
HOW SCHOOL WILL CHARGE FEE
It is further directed that all schools shall collect the fee, strictly in accordance with the procedure and time frame provided by the law, the rules and regulations.
CURRENT SCENARIO
After Supreme Court decision under the regulations, DG Education/ Inspection is giving fresh approvals/ registrations allowing School to increase fee by 24% from the year 2017 as base fee.
