Fee-concession case: PHC provides short breather to private schools
Court reviews earlier order to allow students to appear in matric exams.
PESHAWAR:
The Peshawar High Court (PHC) order provided breather to private schools in fee-concession case.
The court on Wednesday reviewed its earlier order of cancelling registration of private schools which refused to give fee-concession to student siblings.
A PHC division bench, comprising Chief Justice (CJ) Dost Muhammad Khan and Justice Irshad Qaisar, passed the order so that students studying in these schools may be allowed to appear in their matriculation examinations.
While pleading the private schools’ case, Advocate Athar Minallah requested the court not to cancel the registration of four branches of Beaconhouse School System and one of the City School in Peshawar because the matriculation exams are near and the move will affect the future of students.
The counsel informed the bench that the school administrations are challenging the sibling policy, adding that despite the court orders, a regulatory authority to deal with such cases has not yet been established.
Deputy Advocate General Alamgir Khan informed the bench that the government has introduced a new bill which will soon be approved from the Khyber-Pakhtunkhwa (K-P) assembly, however, he was interrupted by CJ Khan, who termed the new bill “ambiguous”.
The bench observed that despite fulfilling its legal obligations, the government has failed to constitute a regulatory authority and a new bill it has introduced in this regard is ambiguous.
The bench then ordered that students of these schools may be allowed to appear in their matriculation examination.
In February 2011, the PHC had declared Article 106 of Chapter-IV of the Education Code - which deals with fee concession to siblings studying in the same school — as legal and had directed all private educational institutions across the K-P to grant the fee concession to its students. As per the policy, the first child studying at a school is entitled to pay full fee while his or her siblings studying in the same institution are entitled to pay half fee.
The decision had been challenged by Institute of Learning and Motivation, Forward Schools, City School and Beacon House School System. However, the court rejected the schools’ petitions.
Published in The Express Tribune, October 18th, 2012.
The Peshawar High Court (PHC) order provided breather to private schools in fee-concession case.
The court on Wednesday reviewed its earlier order of cancelling registration of private schools which refused to give fee-concession to student siblings.
A PHC division bench, comprising Chief Justice (CJ) Dost Muhammad Khan and Justice Irshad Qaisar, passed the order so that students studying in these schools may be allowed to appear in their matriculation examinations.
While pleading the private schools’ case, Advocate Athar Minallah requested the court not to cancel the registration of four branches of Beaconhouse School System and one of the City School in Peshawar because the matriculation exams are near and the move will affect the future of students.
The counsel informed the bench that the school administrations are challenging the sibling policy, adding that despite the court orders, a regulatory authority to deal with such cases has not yet been established.
Deputy Advocate General Alamgir Khan informed the bench that the government has introduced a new bill which will soon be approved from the Khyber-Pakhtunkhwa (K-P) assembly, however, he was interrupted by CJ Khan, who termed the new bill “ambiguous”.
The bench observed that despite fulfilling its legal obligations, the government has failed to constitute a regulatory authority and a new bill it has introduced in this regard is ambiguous.
The bench then ordered that students of these schools may be allowed to appear in their matriculation examination.
In February 2011, the PHC had declared Article 106 of Chapter-IV of the Education Code - which deals with fee concession to siblings studying in the same school — as legal and had directed all private educational institutions across the K-P to grant the fee concession to its students. As per the policy, the first child studying at a school is entitled to pay full fee while his or her siblings studying in the same institution are entitled to pay half fee.
The decision had been challenged by Institute of Learning and Motivation, Forward Schools, City School and Beacon House School System. However, the court rejected the schools’ petitions.
Published in The Express Tribune, October 18th, 2012.