In a detailed 22-page decision, the court has also directed the Pakhtunkhwa Private Schools Regulatory Authority (KPPSRA) to comply with and implement the Private School Regulatory Authority Act/Regulations forthwith and with force.
However, the court vacated stay order regarding fee submissions and stated that the arrears of fee, which were stayed by the court be recovered in an easy installments ie equivalent to 25 percent in every month.
"As regarding charging of fee all types including annual charges, promotions fee and monthly fee, this court cannot given any direction in view of the regulations so notified as already held that the alternative remedy is available. In the regulations, so notified, regulation 7 has been introduced according to which regulatory authority shall establish fee regulation committee and the said committee, shall devise criteria for categorization of schools, maximum fee to be charged from student in each category and minimum remuneration payable to a teacher of the school.
"This committee is further authorize in respect of all matters relating to fee concession, expenditure sharing of fee payment, arrangements of the schools with the public sector, annual increase in fee and all other matter relating to or ancillary there-with," stated a detailed judgment authored by PHC Chief Justice Waqar Ahmad Seth.
The amended petition was filed by Peshawar Bar Association and other parents through Zahidullah Zahid, Ms Nazish Muzaffar, Abbas Khan Sangeen, Sanuallah and Syed Bilal Jan.
On the other hand, Additional Advocate General, Syed Qaiser Ali Shah, private schools represented by Abdul Sattar Khan, Fida Gul Malik Haroon Iqbal, Ayesha Hameed and Arbab Kalimullah, while Private School Regulatory Authority was represented by Barrister Asadul Mulk.
In the judgment, it said the Supreme Court in its recent judgment issued on May 9, 2019, while, dilating upon the issue in reference to Punjab and Sindh, has provided a Cap in between 5 to 8 percent increase, and this judgment referred to be considered by the authority, whereas in the regulation of KP the Cap up to 10 percent has been provided, which is debatable issue keeping in view the leaving standard and earning capacity of the individuals, in this part of the country.
In this respect, the court stated that the petitioners are advised to lodge their complaint etc before the competent fee committee in order to have a settlement.
"In case of unreasonableness or none decision of the said committee they would be having the right to take the matter to the court of law and the court of law is supposed to dilate upon the issue as the public at large is the sufferer," stated the judgment.