Non-compliance of decision on fees: PHC orders takeover of defiant private schools

PESHAWAR: The Peshawar High Court (PHC) on Tuesday directed the Khyber Pakhtunkhwa Private Schools Regulatory Authority (KPPSRA) to takeover administration of private schools and colleges and take hold of their accounts if they went on strike against the implementation of the court decision restraining them from charging high fees from students.

The high court directions came after the KP Private Schools Association closed schools on Monday and Tuesday as part of their two-day strike against the KPPSRA and implementation of the high court decision.

A division bench comprising Justice Waqar Ahmad Seth and Justice Muhammad Ayub directed Zafar Ali Shah, Managing Director, KPPSRA, to takeover the private educational institutions and freeze their bank accounts if they resort to strike against the court’s decision. The court also sought a report on the issue.

The bench explained that the court would then order the banks to comply with the accounts seizure direction and the KPPSRA would run the educational institutions till the next order of the court.

Giving one last opportunity to the private schools, the court directed the KPPSRA to implement the high court’s decision within one month in letter and spirit.

The bench issued direction to both the provincial and district governments and relevant station house officers to assist the KPPSRA in implementation of the court’s decision that restrained the private educational institutions from charging high and extra fees from students.

During hearing of the contempt of court petition, Abbas Khan Sangeen submitted that the lawyers want implementation of the court judgment as private educational institutions had charged promotional and annual fee from the parents. He said the schools were also charging extra fee under the head of various activities in violation of the court’s decision.

“It is the last opportunity for the KP Private Schools Regulatory Authority to implement the decision,” the court told Zafar Ali Shah, the KPPSRA’s managing director.

The managing director informed the bench that they had asked the private educational institutions through public notice in newspapers to implement the high court decision or else they would face contempt of court proceedings.

Zafar Ali Shah said the authority notified that payment of school transport fees during vacations would be prohibited. He said the payment of advance fees in connection with summer vacations would be banned as well.

He said schools would be allowed to charge 50 percent fees for summer vacations to pay staff and clear other dues. He added that the schools would charge admission fees once only.

At previous hearing, the bench had directed the high court’s additional registrar to file the petition against the officials for non-compliance with the court verdict.

The officials included the chief secretary, vice-chancellor and registrar of the University of Peshawar, principal/headmistress University Model School, secretary, Elementary and Secondary Education, Saleem Khan Saleem, secretary, Higher Education Department, Fazle Rehman who is chairman, Board of Intermediate and Secondary Education, Peshawar, Shaukat Hayat, chairman, Board of Intermediate and Secondary Education Mardan, Abdur Raqib, chairman of Board of Intermediate and Secondary Education Kohat and chairman of the Private Schools Association.

The bench summoned the respondents, including deputy inspector general of Traffic Police, to appear at the next hearing and explain what action was taken against the private educational institutions for overloading of students in the school buses.

The petitioners pointed out that four months had passed since the court gave its verdict and now the educational institutions were openly violating the decision on fee in the admissions for academic year 2018-19.

The court was requested to direct the private schools to follow the guidelines mentioned in the judgment for the schools and refrain from demanding high fee, including promotion fee, security fee, examination fee, canteen fee, sibling fee and management charges.

The court directed the KPPSRA to check the tuition and annual fee, canteen fee, and management charges being demanded by the schools.

The judgment said the KPPRSA shall formulate a uniform policy on the fee and extra charging shall be banned.

It said the institutions shall not charge more than half of the tuition fee from the second and third child of the same parents and there shall be compulsory Physical Training (PT) classes.

The court had declared that there shall be no increase in the annual and tuition fee in the private educational institutions until and unless the KPPRSA formulates a uniform policy.