SHC suspends notification of 20pc concession in school fees

Published April 17, 2020
The two-judge bench issued notices to the respondents as well as the advocate general of Sindh for next hearing and ruled that the operation of the impugned notification would remain suspended till next hearing. — Photo courtesy Wikimedia Commons/File
The two-judge bench issued notices to the respondents as well as the advocate general of Sindh for next hearing and ruled that the operation of the impugned notification would remain suspended till next hearing. — Photo courtesy Wikimedia Commons/File

KARACHI: The Sindh High Court on Thursday suspended a notification issued by the provincial authorities to provide 20 per cent concession to parents in school fees till April 22.

The two-judge bench headed by Justice Nadeem Akhtar issued notices to the respondents as well as the advocate general of Sindh for next hearing and ruled that the operation of the impugned notification would remain suspended till next hearing.

The TYMS Education Private Limited and others petitioned the SHC and challenged the notification issued by the Directorate of Inspection/Registration of Private Institutions, Sindh School Education and Literacy Department, on April 1 for private schools to provide relief in the form of concession of at least 20pc in the April and May fees.

The lawyer for the petitioners argued that the respondents had no authority or jurisdiction to issue such a notification and it was also not mentioned in the notification whether such a decision was taken in any meeting held by the competent authority or by the cabinet.

He further submitted that the decision was taken without hearing the privately managed schools and their association.

Seeks details of rations distribution by the provincial government

The lawyer further maintained that the decision was arbitrary and against the settled principles of natural justice, adding that the question of an increase in the tuition fee had already been decided by the Supreme Court.

Rations distribution

Another bench of the SHC on Thursday directed the provincial authorities and the local administration to submit details of distribution of rations among needy families during the ongoing lockdown in the province.

While hearing a petition against alleged unjust distribution of rations by the provincial government, the two-judge SHC bench headed by Justice Mohammad Ali Mazhar directed the Sindh government and deputy commissioners to file a comprehensive report about rations’ distribution by April 24.

The lawyer for the petitioner contended that the distribution was being made in an unfair manner and the rations were also substandard, adding that the people were facing severe hardship during the lockdown for want of basic necessities.

An additional advocate general argued that the government had distributed around 250,000 bags of rations among deserving families.

He further contended that in this regard committees had been constituted at the divisional level and deputy commissioners and chairmen of union councils were looking after the distribution process.

The bench observed that the government must have the record and details of such distributions and the same be placed before the court by next hearing, adding that the apex court had also sought such details from the provincial authorities.

Dr Aafia Siddiqui case

The same bench on Thursday granted more time to the federal authorities to file comments on a petition seeking directives to the government for making efforts for the release of Dr Aafia Siddiqui and other prisoners held in overseas prisons.

In a previous hearing, the bench had issued notices to the secretaries of foreign affairs, interior and human rights and the principal secretary to the prime minister secretariat as well as the deputy attorney general to file comments.

However, when the matter was taken up for hearing on Thursday, a deputy attorney general contended that as per the ministry of foreign affairs, Dr Aafia was in good health. He sought more time to file written comments.

The bench issued directives to the respondents and deputy attorney general to file comments by April 24.

Fauzia Siddiqui, a sister of the detainee, moved the SHC and submitted that Dr Aafia was currently confined to Carswell Prison in Texas, US.

The petitioner contended that according to the international media, there were reports of an outbreak of the coronavirus pandemic in American prisons and the petitioner sent a letter to the secretary of foreign affairs in which she complained that she had had no telephone contact with her imprisoned sister for the last three years.

Dr Aafia was convicted by a US court in 2010 on multiple charges.

Published in Dawn, April 17th, 2020

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