The Supreme Court noted on Thursday that the government should spend on teachers if it wants to have a better nation. The Chief Justice cited Lord Macaulay's quote; "Give me good teacher and I will give you good nation." He said for the attraction of highly educated and talented people in teaching profession, the government should give better package to teachers.
A three-judge bench, headed by Chief Justice Asif Saeed Khan Khosa, heard the review petitions against Sindh High Court and Lahore High Court judgements regarding high schools' fee. After hearing the arguments of all parties, the bench reserved the judgement.
Faisal Siddiqui, who was amicus curiea in this case, concluding his arguments said capping on fee is not only in Pakistan but also in England. "There is capping in England on higher education," he added.
Justice Faisal Arab questioned what the reasonable and justified rate would be as in one country there are four different rates of fee increase. In Punjab it is 8%, Sindh 5%, KPK 20%, while in federal capital the fee could be revised every year with mutual understanding of owners and the regulator.
Justice Khosa remarked that it is called provincial autonomy. He said in the United States of America there are 50 states and each state has its own rules & regulations. In some states the death sentence is abolished, while some states are introducing it.
The main contention of private schools' counsels was that fundamental right to make profit is violated by capping the school fee. Justice Ijaz remarked that owners' fundamental right granted them an opportunity to enter in this profession (setting up school) but then there are the regulations that have to be abided by. The legislature has validly exercised its power to put cap on fee increase. The judge stated if the school owners are not satisfied with 5% increase then they should approach the legislature instead of filing cases in the courts.
A private school lawyer pleaded that as they are not satisfied with the legislature; therefore, they came to apex court. He said if their fundamental rights would be violated then they will come to the court. Advocate General Sindh Salman Talibuddin said the private schools' stance is that teachers and staff salaries, inflation and depreciation of rupee are affecting them. He added that depreciation of rupee is not only affecting private school owners but also the parents. He supported 5% cap on the increase in fee.
He informed the bench that according to Beaconhouse Schools System's own website, they have opened branches in other countries as well. He questioned, "Whether are they allowed to open schools outside Pakistan without the permission of State Bank of Pakistan (SBP)? Whether have they taken out money with the permission of SBP? The profit they earn from those branches should be remitted back to Pakistan."
The advocate general said that the regulators are aware of raise in teachers' salary, and increase in building rent and repair charges; therefore, they accordingly set the fee. The schools need to anticipate and manage their expenses for next three years, adding if they have not done so then they should start doing it now.
Justice Ijaz said blaming the regulators for their own mistake is not valid. Salman said: "It is misnomer that we (regulator) are regulating their profit. We don't do it but the schools do it themselves."