The Supreme Court Monday said if private schools will not comply with its order regarding reduction of 20 percent fee, it will ask the government to take control of these schools. A three-member bench headed by Justice Gulzar Ahmed was hearing contempt of court cases against the management of two schools that wrote contemptuous letters in the aftermath of the apex court January 16, 2019 judgement.
The apex court had issued notices to the owners/directors/chief executives of Headstart School as well as Ecole des Lumieres School of Light, which have circulated highly derogatory letters addressed to parents and guardians after the court's decision to reduce fee. The Supreme Court in its 16th January, 2019 judgement had ordered the private schools to reduce 20% fee on amounts in excess of Rs 5,000. It explained that the first Rs 5,000 are exempt from reduction of 20% and such reduction would only be applicable to amounts in excess of Rs 5,000 per month. The judgement also made it clear that it would apply to all schools which charge fees in excess of Rs 5,000 per month throughout Pakistan without exception. The apex court also directed administrations to return half of the fee charged for summer vacations or adjust the amount.
Justice Gulzar criticising the private schools for lack of 'remorse' remarked that education has been made a business commodity. He also chided the administration for intrusive questions asked during interviews. "Parents are asked where they will be travelling for holidays - how is that the concern of the school administration? Private schools have poisoned homes." "Why should we not direct the government to take control of private school?" he added.
The chief executives of Ecole des Lumieres School of Light and Headstart appearing before the bench submitted that they have complied with the apex court order in letter and spirit and cannot even imagine disgracing the judiciary. The chief executive of the Ecole School sought time to file the reply to the contempt notice. However, Naznin Murtaza, Chief Executive Headstart School System, submitted the statement which states that the specific section of the said letter has been misconstrued and taken out of context.
It submitted that secretary of Law and Justice Commission of Pakistan had not informed the court properly and in this exercise by referring to word 'wildebeest' used in the letter as 'wild beast' in complete ignorance of the face that these two words have completely different connotations.
The statement said a 'wildebeest' is an antelope and belongs to the same cloven-hoofed and two-horned family as cattle, goats and sheep, while wild beast is a generic term used to describe a wild and savage animal i.e. lions, tigers, wolves etc. Wild beast is used for a person who is devoid of any civility and etiquettes.
It said that the directions of the apex court were complied with in true letter and spirit. The authorities such as the FIA, the FBR and police were duly accommodated whereby all the record and other information sought from the school were provided without any delays, thereby upholding the sanctity of the order of the apex court. She submitted that they could not even envisage attempting to lower the authority of the court or disrobe the process of law.
The allegation of derogatory remarks made against the Supreme Court is the result of nothing more that misreading, misunderstanding and miscommunication of the substance of the letter to this court. Directing the Ecole des Lumieres School to file a written apology, the court adjourned hearing for two weeks.
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