The Supreme Court has said that the reduction of 20% in private schools' fees shall be made on amounts in excess of Rs 5,000 and clarified that its 13th December order would apply to all schools which charge fees in excess of Rs 5,000 per month throughout Pakistan without exception. The apex court in its seven-page judgement authored by Justice Ijazul Ahsan stated that the reduction of 20% shall be made on amounts in excess of Rs 5,000, which essentially means that notwithstanding the total amount of fee, the first Rs 5,000 are exempt from reduction of 20% and such reduction would only be applicable to amounts in excess of Rs 5,000 per month.

The judgement further stated that the students and their parents are required to pay fees at a time to be fixed by the schools. Any student who does not pay the reduced fee would be liable to such disciplinary action as the rules and regulations of the school may permit for non-payment of fees.

All the awards, scholarships and other incentives already given to students shall remain intact and shall neither be reduced, nor withdrawn. The schools shall not till further order take any steps for reducing the salaries or number of teachers who were employed with schools at the time when the interim order was passed. The Supreme Court on December 13, 2018 directed 22 schools to reduce their fees by 20%. They were also asked that future increases in the fee shall strictly be in the range of 5% to 8%. The schools were allowed to increase their fees by 5% for the next academic year, whereas for any increase of school fee between the range of 6% to 8%, the schools are required to seek permission of their regulatory body.

It was further directed that schools which had received fees during the summer vacations should adjust the same in future fees or refund half of such fees within two months.

The court issued notices to the owners/directors/chief executives of Headstart School as well as Ecole des Lumieres School of Light, which have circulated highly derogatory letter addressed to parents and guardians after the court decision to reduce fees. The owners/directors/chief executives of the said schools were ordered to appear on the next date of hearing (28th January) to explain why proceedings for contempt of court may not be initiated against them and they be punished in accordance with the law.

"We live in a country of laws and private individuals cannot be permitted to flout the laws and circumvent orders passed by the highest court of the country." The judgement noted: "We would also like to find a mechanism whereby actions by private schools meant to resist and undermine regulatory steps can be countered." Such actions include reductions of facilities in schools, increase in number of students in classes, reductions of teaching staff, reduction in their salaries and other related matters.

Copyright Business Recorder, 2019