LAHORE: The Lahore High Court on Thursday directed the provincial government to notify “The Punjab Free and Compulsory Education Act, 2014” to ensure enforcement of fundamental right of education under Article 25-A of the Constitution and responsibility of the private schools for free education.

The court ruled that mechanism provided to determine reasonable fee of private educational institutions, through section 7-A of Punjab Private Educational Institutions (Promotion and Regulation) Ordinance, 1984 was a valid legislation.

However, it struck down the complete bar on increase of fee for academic year 2015-2016 at the rate higher than the fee charged for academic year 2014-2015 and the maximum limit in increase of annual fee at the rate of five per cent and eight per cent under the amended act in 2016 and 2017 respectively for being unreasonable and disproportionate restrictions on private schools’ fundamental rights.

A three-judge full bench passed the order on petitions moved by private schools challenging the vires of certain sub-clauses of section 7-A of the Punjab Private Educational Institutions (Promotion and Regulation) Ordinance, 1984 inserted during 2015.

Justice Abid Aziz Sheikh headed the bench which also had Justice Shams Mahmood Mirza and Justice Shahid Karim.

The bench in its verdict said that for any increase already made in fee for academic year 2015-2016 at a rate higher than the fee charged for the class during academic year 2014-2015 or beyond five per cent for next academic year i.e. 2016-2017 and increase more than eight per cent for academic year 2017-2018, the relevant private schools shall submit supportive material justifying the increases, with the authority concerned within 30 days.

In case, no such material was submitted within stipulated time or the said increases were otherwise not found justified by the authority, the amount received beyond limit shall either immediately be refunded to the students/parents or adjusted in the next fee bill of the students.

The bench further directed the government to frame uniform regulatory regime through rules under section 13 of the Ordinance of 1984, within 90 days to determine the increase claimed by schools in fee by also considering the actual cost and expenses incurred and profits made by private educational institutions.

It directed the government to ensure that parents were not compelled to purchase textbooks, uniform or other material from a particular vendor or provider and schools did not charge any amount other than tuition fee, admission fee or prescribed security from the parents.

It said an effective parents/students complaint handling procedure be established by using modern information technology. It further ruled that a complete data of teachers and supporting staff hired by private schools should be obtained by the registering authority showing educational qualifications/experience and track record of teachers and supporting staff on an annual basis.

The bench directed that a periodic inspection of private schools be carried out to check the provision of facilities to students as undertook by private schools at the time of registration and thereafter from time to time.

Published in Dawn, April 6th, 2018