Case Details

Citation(s)
2016 SLG 1925 2016 SLD 1925 2016 IHC
Islamabad High Court
Case No: Writ Petition No. 3178 of 2015, 30.5.2016
AAMER FAROOQ, J

Educational Services (Pvt.) Limited And 4 OthersVSFederation Of Pakistan And Another

Law:

Section:

Keywords: Result: disposed of accordingly AAMER FAROOQ, J.- This judgement shall decide the instant petition as well as the petitions mentioned in the schedule attached herewith as common questions of law and facts are involved. 2. In all the petitions (except Writ Petition No.3715/2012 and Writ Petition No.3272/2015) the petitioners have assailed notification dated 23.09.2015 issued by respondent No.2 whereby the petitioners were directed not to increase any fee/charges/funds in 2015 and also to refund/adjust any increase in fee/fund/charges already charged. The impugned notification further provided that in case of default, proceedings under section 16 Islamabad Capital Territory, Private Educational Institutions (Registration and Regulation) Act, 2013 (hereinafter the Act) shall be initiated. In the petitions vires of section 4 (c) and 5 (1) (b) and 5 (1)(h) of the Act have also been challenged. 3. The facts, in brief, are that all the petitioners (except for petitioners in W.P. No.3715/2012 and W.P. No.3272/2015) are Private Educational Institutions. The legal status of the petitioners varies from sole proprietorship/firm or partnership to a private limited company, however, all of them are running Institutions, inter alia, all over Islamabad Capital Territory and disseminating education against payment of fee by the students. In order to regulate the Private Educational Institutions in Islamabad the Act was passed by virtue of which Private Educational Institutions Regulatory Authority (PEIRA) was created. Section 4 of the Act provides for the aims and objectives of the PEIRA. In this behalf one of the objectives of the Authority is to determine and fix rate of fee charged by the Institutions. Similarly, section 5 of the Act prescribes functions and powers of PEIRA. Under section 5 (1)(b) ibid the Authority is to register and regulate Private Educational Institutions in Islamabad Capital Territory including fixation of grade-wise rate of admission fee, security fee, monthly tuition fee and other fees being charged by Private Educational Institutions. Similarly, under section 5 (1)(h) it is the function of PEIRA to ensure that the service i.e. quality of…
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