KARACHI: The Sindh High Court the other day had ruled in favour of private schools by quashing the contentious 5% fee cap imposed by the Rules framed by the Education Department, Government of Sindh under the Sindh Private Educational Institutions (Regulation & Control) Ordinance 2001. This law and its rules had been challenged by various private schools in the Sind High Court since 2005.
In its final order dated March 5, 2018, the Sind High Court division bench headed by Justice Munib Akhtar declared that, while the government has the power to regulate schools, Rule 7 (3), which deals with the increase in school fees, was ultra vires Article 18 of the Constitution of Pakistan. Therefore, Rule 7 (3) was “quashed and declared to be of no legal effect”. The court has directed the Sind Education Department to develop a fresh regulatory framework for private schools within 90 days of the said order.
Regretfully, the information published on March 6 in the Karachi editions of various English news dailies was incorrect, as it related to a different court hearing that took place on January 19, 2018, and that too in front of a different division bench.