The Supreme Court of Pakistan on Friday directed to private educational institutions to refund fee to their students had been charged in academic years 2015 and 2016 in violation of law, t
he court also set 5 percent maximum limit for annual fee increase.
Headed by Chief Justice Asif Saeed Khosa, a three-judge bench of Supreme Court comprising on Justice Faisal Arab and Justice Ijaz ul Ahsan heard by some parents hailing from different citie
s of the county.
In 72-page judgment, t
he court said that the mechanism provided to determine reasonable fee of private educational institutions, through impugned se
ction 7-A of the Ordinance 1984, is a valid legislation. Accordingly, t
he court said, “the complete bar on increase of fee for academic year 2015-2016 at the rate higher than the fee charged for academic year 2014-2015 through original subse
ction (1) of se
ction 7-A (through Ordinance 2015)”.
The judgment added “the maximum limit in increase of annual fee at 5 percent under subse
ction (5) of se
ction 7-A of the Ordinance 1984 (inserted through Ordinance 2015 and Act of 2016) and maximum limit of 8 percent under subse
ction (5) of se
ction 7-A of the Ordinance 1984 (amended through Act of 2017) are found to be unreasonable and un-proportionate restrictions on petitioner s
chools fundamental rights, therefore ultra vire
s of the Constitution, hence struck down. The original subse
ction (7) of se
ction 7-A (through Ordinance 2015) regarding refund of fee, is also read down accordingly”.
Furthermore, t
he court asked the private s
chools owner to return the fee to they charged from the students illegally in against said section
s of the ordinance. “For any increase already made in fee for academic year 2015-2016 at a rate higher than the fee charged for the class/grade during academic year 2014-2015 or beyond 5 percent for next academic and increase more than 8 percent or academic year 2017-2018 (after promulgation of Act of 2017), the relevant private s
chools shall submit supportive material, justifying the above said increases, with the authority within period of 30 days from the announcement of this judgment”.
In case, t
he court said, no such material is submitted within stipulated time or said increases are otherwise not found justified by the concerned authority. “The amount received more than previous academic year for academic year 2015-2016 or beyond limit of 5 percent for academic year 2016-2017 or beyond limit of 8 percent for academic year 2017-2018 shall either immediately be refunded to the students or adjusted in the next fee bill of the school o
f those students”, the SC ruled.
T
he court said that the respondent government shall frame uniform regulatory regime through rules under se
ction 13 of the Ordinance of 1984, within 90 day
s of this judgment to determine the increase claimed by s
chools in fee by also considering some factors include the actual cost and expenses incurred and profits made by private educational institutions, the quality of teachers, adequacy of building and other facilities available in the school, the increase in the utility bills and other charges comparing to the previous years.
The petitioners made federal education minister and provincial governments of Punjab and Sindh as respondents.
The Superior Court also directed the government to collect and the details of payment of rent (of private educational institutions) on actual basis and its increase while the government should submit it in t
he court accordingly.
T
he court, moreover, also asked the government the fixation and increase in fee by these institutions should commensurate with the facilities being provided to students which must be examined before increase of any fee.
It maintained that the acceptance or reje
ction of any proposed increase must be done through a speaking and reasoned order, adding that fee of each grade/class should be fixed to ensure that said fee is not different for same grade/class in same campus.
“The registering authority shall also ensure that parents are not compelled to purchase text books, uniform or other material from a particular vendor or provider and s
chools do not charge any amount other than tuition fee, admission fee or prescribed security from the parents, t
he court added.
The registering authority shall give representation to parents of private school in the proceeding of increase in fee and such proceeding shall be done in open and transparent manner.
Furthermore, t
he court asked, “a complete data of teachers and supporting staff being hired by private s
chools should be obtained by registering authority showing educational qualifications/experience and track record of teachers and supporting staff on annual basis”.
The government was directed that a periodic inspe
ction of private school be carried out to check the provision of facilities to students as undertook by private s
chools at the time of registration and thereafter from time to time.
