| Citation(s) |
|---|
| 2016 SLG 1196 2016 SLD 1196 |
Sindh High Court
Const. Petition No. D-5812, D-5651, D-6171, D-6219, D-6383, D-6943, D-5867, D-7390, D-7901, of 2015, DATE of order: 07-10-2016, hearing DATE : 09-09-2016
CHIEF, JUSTICE MR., JUSTICE ZULFIQAR AHMAD KHAN
Through Mr. Abdur Rehman, Advocate in C.P No. D-5867/2015 Mr. Salah-ud-Din Ahmed, Advocate for the Petitioner in C.P No. D-6219/2015 Ms. Mehreen Ibrahim and Mr. Shajee Siddiqui, Advocates in Mr. Haris Rasheed Khan, Advocate alongwith Petitioner Sardar
Const. Petition No. D-5812, D-5651, D-6171, D-6219, D-6383, D-6943, D-5867, D-7390, D-7901, of 2015, DATE of order: 07-10-2016, hearing DATE : 09-09-2016
CHIEF, JUSTICE MR., JUSTICE ZULFIQAR AHMAD KHAN
Through Mr. Abdur Rehman, Advocate in C.P No. D-5867/2015 Mr. Salah-ud-Din Ahmed, Advocate for the Petitioner in C.P No. D-6219/2015 Ms. Mehreen Ibrahim and Mr. Shajee Siddiqui, Advocates in Mr. Haris Rasheed Khan, Advocate alongwith Petitioner Sardar
Const. No.D5812 of 2015 Shahrukh Shakeel Khan & others
VS
. Province of Sindh through Chief Secretary, Sindh and others) Const. No.D5651 of 2015 Generations School (Pvt.) Ltd vs Province of Sindh through Secretary, Education, Government of Sindh) C
Law:
Section:
THIS JUDGMENT DELIVERED BY: Zulfiqar Ahmad Khan, Justice------------ In all of the above petitions there is commonality of issues raised about hike of fees by private schools vis-a-vis schools' right to such a hike; questioning the mechanism provided by the provincial government for regulating such fee increases. Law related to the regulations of private schools in the province of Sindh is contained in the form of Sindh Private Educational Institutions (Regulations and Control) Ordinance, 2001 ("the Ordinance") and Sindh Private Education Institutions (Regulations and Control) Rules, 2002, ("the rules"). The contention of the students/parents in nutshell is that the private educational institutions are taking the parents to ransom by unusually enhancing the school fees as and when they deem convenient; and the government's regulatory mechanism i.e. Department of Education, Government of Sindh has not come forward to check the same and have thereby failed to perform their legal and constitutional obligations. On the hand, the counsels for schools vehemently challenged the vires of legislation in terms of which schools are barred from escalating their fee from 5% within an academic year. Since the matter touches to the hearts and soul of every parent, it would be appropriate that our discussion commences citing Article 25-A of the Constitution of Pakistan 1973 inserted by the 18th Amendment with the intent of giving education as one of the fundamental rights of the people of Pakistan. The article provides that "the State shall provide free and compulsory education to all children of five to sixteen years in such a manner as may be determined by law". Though this importance given to education is quite recent in the constitutional history of Pakistan, however, importance of seeking knowledge (Illm) has been part of Islam which is evident from the injunctions of the Holy Quran directing people to seek Illm. Also of importance is Article 22(3)(b) which provides that "no citizen shall be denied admission to any educational institution receiving aid from public revenue on the ground only of race, religion, caste or place of birth". As well as, it would also be useful…
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