The Supreme Court has questioned how private schools can be asked not to charge extra amount when the government has failed to provide quality education under the Article 25 of the Constitution.
The apex court in seven-page order, authored by Justice Ijaz ul Ahsan, dated January 16, 2019, directed the private schools to reduce fee by 20% and this amount shall be made on amounts in excess of Rs5000, which essentially means that notwithstanding the total amount of fee, the first Rs 5,000 is exempted from reduction of 20% and such reduction would only be applicable to amounts in excess of Rs 5,000 per month.
Chief Justice Asif Saeed Khan Khosa, heading a three-judge bench, on Tuesday said as the students are not provided textbooks, uniform and the free education in government schools therefore many people send their children to religious seminaries.
The Chief Justice said: "I got my basic education from a government school in Multan, and then went to Government College Lahore. Later on I flew to England and got education from Queens' College, University of Cambridge, without any problem." He questioned where those government schools are which used to impart quality education. He said the state should fulfill its responsibility as lot of talent is being wasted because many intelligent students are unable to get best education for lack of resources.
The bench heard the appeals against the judgements of Sindh High Court, Lahore High Court and the interim orders of the apex court dated December 13, 2018 and January 16, 2019 regarding reduction of fee by the private educational institutions.
Attorney general for Pakistan and advocate generals of all provinces and the Islamabad Capital Territory (ICT) were directed to appear on the next date along with the complete information and data about the steps the government has taken under Article 25A of Constitution.
"If someone provides extra facilities and quality education then how could he be forced not to charge extra amount?" asked the Chief Justice. Quoting the example of different classes in an aeroplane, he said there are first, economy and business classes, adding people pay according to the class they avail. Similarly, it is the right of the people to avail facilities in the markets.
Justice Khosa inquired how under Article 18 of Constitution the apex court can pass order to cap fee by the private facility, but added the government can do it through 'the regulation of any trade or profession by a licensing system; or the regulation of trade, commerce or industry in the interest of free competition therein.'
The Chief Justice further said if the prices of commodities go up then how come the private schools be asked not to increase the fees. Justice Faisal Arab said the past experience of capping not proved fruitful as it had hampered the growth of industries.
Justice Ijaz ul Ahsan said as the government has failed to fulfill its responsibility, therefore a vacuum was created, but it does not mean the private institutions be given free hand to charge fee according to their wish. There should not be monopolistic approach, he added.
At the onset of the hearing, Advocate Faisal Siddiqui representing the parents who petitioned in the apex court for reduction of schools fee briefed the bench about the history of the case. He apprised of the judgments rendered by the SHC and LHC.
The Chief Justice noted that according to Sindh Private Educational Institutions (Regulations) Ordinance 2001 and Sindh Private Educational Institutions Rules 2005, the government has power to regulate the fee under licensing system.
The Chief Justice said: "We will hear this case on daily basis from next week and conclude it." Later, the hearing was adjourned until April 15, 2019.
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