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Plea to suspend CADD`s private schools notification rejected

By Malik Asad 2015-10-13
ISLAMABAD: The Islamabad High Court (IHC) on Monday refused to suspend the September 23 notification issued by the Capital Administration and Development Division (CADD) that barred private schools from increasing fee in the current year.

Taking up identical petitions hled by Beaconhouse and City School, JusticeAamir Farooq of the IHC, however, conditionally allowed the two institutions to charge the enhanced fee for the current month after they assured the court that the enhanced amount already charged from the students would be adjusted in the coming months.

The direction was issued after Shahid Hamid and Asma Jahangir, the counsel for Beaconhouse and City School, respectively, requested the court to restrain the government from taking any adverse action against the schools for chargingthe enhancedfeeforthe current month.

The Capital Administration and Development Division (CADD) in the notification stated, `The private education institutions enhanced the fee without the permission of the authority which is not permissible under the law.

It added, `All the private educationalinstitutions 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 warned that `in case of default, the authority would be constrained to act in pursuance of Section 16 of the Private Educational Institutions Regulatory Authority (PEIRA) Act 2013 against the non-observing institutions.

The petitions contended that the government issued the notification `without meaningful consultation with stakeholders owners/managements of private schools while publicising meetings with a handful of agitating parents.

The petitions requested the court to declare the notification illegal. It also prayed that the petitioners may be permit-ted to retain and collect the fee at the increased rate for the academic year 2015 and as intimated to the parents till the final adjudication on the matter.

The court, however, issued notice to PEIRA and CADD and adjourned further proceedings till November 12.

It may be mentioned that an identical matter regarding the fee increase is also pending adjudication before another judge of the IHC.

During the hearing of the petition filed by a parent against the fee hike, Justice Noorul Haq N. Qureshi on September 18 stopped Headstart School from charging the enhanced fee.

The petitioner of three students said the school was not implementing the CADD notification.

The court had issued notices to the private schools, CADD and PEIRA and their reply is awaited.