PESHAWAR: As private schools are set to close down their campuses across the province for two days, the Private Schools Regulatory Authority has sought opinion of the law department on the ambiguity arising after a decision of Peshawar High Court on the fee structure.

The private schools on Saturday informed the parents of the student about their decision that their campuses would remain closed on Monday and Tuesday without mentioning reasons.

The news of schools’ closure has perturbed the parents, who say that they paying huge fees to the schools so the protest has no logic. To express anguish over the private schools’ denial to accept the court’s decision, the parents have decided to stage protest demonstration outside Peshawar High Court.

Private schools to remain closed for two days

The parents of the students have campaigned through the social media to ensure larger participation in the demonstration.

Syed Zafar Ali Shah, the managing director of Khyber Pakhtunkhwa Private Schools Regulatory Authority, told Dawn that legal opinion had been sought of the law department regarding the ambiguity in fee concession.

“We are waiting for the reply of the law department regarding confusion about fee concession in the court’s decision and Khyber Pakhtunkhwa Private Schools Regulatory Authority 2017,” he said.

In the light of the Peshawar High Court’s decision, the regulatory authority has recently issued a circular, directing the private schools not to charge more than half of the tuition fee from the second and third children of the same parents. It has only allowed three per cent increase in tuition fee annually.

According to the circular no institution/management of private schools shall charge the tuition fee during vacations.

However, keeping in view of the expenditures like salaries, utility bills and rent etc, the management will be at liberty to charge a maximum of 50 per cent of tuition fee in addition to the annual charges being made.

The measures are taken by the authority in the light of PHC’s decision. However, the KP PSRA, 2017, has allowed 20 per cent concession to the second and third children of the same parents and 10 per cent increase in the tuition fee annually.

Mr Shah said that the court’s decision was incorporated in the KP PSRA regulations against which the private schools association launched protest.

“We have made 33 changes in the draft regulations on the recommendation of the representatives of the private schools in the authority,” he said.

Advocate Abbas Khan Sangeen, who was representing Peshawar District Bar Association and some other petitions in the fee concession case, termed the private schools’ protest as contempt of court.

“The PSRA has issued circular in fee concession in the light of the court’s decision which the private schools has turned down in violation of the court decision,” he told Dawn.

Mr Sangeen said that there was no justification of closing down private schools in protest. He said that private schools association already challenged the decision in the Supreme Court. The appeal was fixed in the Supreme Court for April 23 (Monday) for hearing.

The advocate expressed astonishment over the two-day strike by a chain of private schools owned by Khyber Pakhtunkhwa Assembly Speaker Asad Qaiser. “Mr Asad is sitting on a responsible seat how he can oppose the PHC’s decision,” he questioned.

Asked that the law and the court decision was in conflict, the lawyer said that majority of the cabinet members had their own schools so they would not incorporate such articles in the law that might affect their interest.

Anas Takreem, one of the elected nominees of the private schools in PSRA, told Dawn that four members of the authority representing private schools had opposed the regulations.

“We had added dissenting note on the fee concession incorporated in the regulation made under the PSRA”, he said. He added that the regulation was in conflict with the law.

The education department should have moved PHC for review to guide it regarding the confusion in the law and the court judgment.

Published in Dawn, April 23rd, 2018