ISLAMABAD: Justice Aamer Farooq of Islamabad High Court (IHC) on Friday allowed another private school to increase fee as it suspended a notification issued by the Private Educational Institutions Regulatory Authority (Peira).

On Thursday, the same bench had suspended the notification on the petition of City School System. On Friday, the court offered the same relief to the Beaconhouse School System after the school’s administration challenged the notification.

The notification issued on June 21, 2016, had directed private educational institutions within Islamabad capital territory to implement the Registration and Fee Determination Rules Act 2013. Under the act, the private schools cannot increase their fees without the consent of Peira.

After the stay order against the notification, the bench also issued notices to the secretary Capital Administration and Development Division (CADD) and Peira for August 30. Peira is an autonomous body under the ministry of CADD.

In its notification, the authority had directed private educational institutions to ensure compliance of the fee schedule for the academic session 2016-17 otherwise administrative action would be taken against them.

The two schools through their counsel adopted before the IHC that the government in the fiscal budget 2016-17 made a 10pc increase in the monthly salaries of its employees. The counsel said the private schools also wanted to give a raise to their teachers and other staff but it cannot be possible within the current fee structure.

The counsel added that Peira restrictions made running of a private school virtually dysfunctional. In order to conceal the inability of the government to fulfil its constitutional obligation, the respondents were misleading the citizens to believe that the policy of the government decreasing the fees of private institutions was a step towards implementing Article 25 A of the Constitution. The government policy is placing an embargo on reasonable fee raise. It is misconceived, the counsel maintained.

The petitioners also said a report issued by the ministry of education in March 2004 had itself concluded that it should be the market forces rather than unreasonable regulations that would improve and expand the availability of quality education. After suspending the notification, the court adjourned the hearing to August 30.

Published in Dawn, July 16th, 2016