ISLAMABAD: An Islamabad High Court (IHC) division bench on Wednesday allowed private schools to collect school fees during summer vacations after suspending a single bench order that restrained them from doing so.

IHC Justice Shaukat Aziz Siddiqui on May 18 had ruled, on a petition by Jamshed Khan against the private school chain Read Foundation, that all the private schools in Islamabad’s territorial jurisdiction were restrained from collecting fees in the month when the schools were closed for the summer.

A two-member bench comprising justices Aamer Farooq and Mohsin Akhtar Kayani suspended the order on an appeal filed against Justice Siddiqui’s order.

The appellant contended before the court that they were condemned unheard as the single bench had passed an adverse order against them without giving them the opportunity of a hearing.

The counsel for private schools argued that his client were not party to the matter in which the IHC had issued the order, and the court did not issue notice to them prior to passing the order, which was against the right to a fair trial.

He asked how, if private schools are restrained from collecting fees, they would meet expenses such as paying teachers and staff, or pay for the rent on the buildings.

After a preliminary hearing, the division bench suspended Justice Siddiqui’s order and postponed further hearing to a date fixed by the registrar’s office.

The IHC on May 7 had summoned the Capital Administration and Development Division secretary and the Pakistan Educational Institution Regulatory Authority (Piera) chairman for their comments on the issue.

The court was told that the Lahore High Court (LHC) had totally and the Peshawar High Court (PHC) had partially restrained private educational institutions from receiving tuition fees during summer vacations.

The counsel for Piera said the LHC had ordered schools to waive the fees, while the PHC had cut fees by half during the vacation period.

Deputy Attorney General Arshad Mehmood Kiani had confirmed the high courts’ directives.

The IHC had then issued the order that: “Peira is directed that all private educational institutions be restrained from receiving fee for the period of summer vacations till next date of hearing.”

Earlier this year, the Punjab government issued a notification barring private educational institutions from collecting fees during the vacations and published advertisement advising people not to deposit school fees for that period.

However, not a single Rawalpindi school exempted students from the monthly fee, and charged it with the May fees. Students from the capital also deposited the fees for the summer vacation period earlier this month.

Published in Dawn, May 31st, 2018