| Citation(s) |
|---|
| 2019 SLG 3000 2019 SLD 3000 2019 SCMR 1753 |
Supreme Court of Pakistan
Civil Appeals Nos. 1095-1097, 1021-1026, 134-L, 1138,1154-1158, 1486, 1487 of 2018, Civil Petitions Nos. 4475,4476 of 2018, 1362 of 2019, Criminal Original Petitions Nos.14, 18, 25, 26 of 2019, Civil Review Petitions Nos. 20, 37to 49, 77, 16, 17, 127
FAISAL ARAB, JUSTICE IJAZ UL AHSAN, JUSTICE
Shahid Hamid, Senior Advocate Supreme Court, Makhdoom Ali Khan, Senior Advocate Supreme Court, Faisal Siddiqui, Advocate Supreme Court, Aftab Alam Yasir, Advocate Supreme Court, Hassan Nawaz Makhdoom, Advocate Supreme Court, Hamid Ali Shah, Advocate Supre
Civil Appeals Nos. 1095-1097, 1021-1026, 134-L, 1138,1154-1158, 1486, 1487 of 2018, Civil Petitions Nos. 4475,4476 of 2018, 1362 of 2019, Criminal Original Petitions Nos.14, 18, 25, 26 of 2019, Civil Review Petitions Nos. 20, 37to 49, 77, 16, 17, 127
FAISAL ARAB, JUSTICE IJAZ UL AHSAN, JUSTICE
Shahid Hamid, Senior Advocate Supreme Court, Makhdoom Ali Khan, Senior Advocate Supreme Court, Faisal Siddiqui, Advocate Supreme Court, Aftab Alam Yasir, Advocate Supreme Court, Hassan Nawaz Makhdoom, Advocate Supreme Court, Hamid Ali Shah, Advocate Supre
MOHAMMAD IMRAN AND OTHERSVSPROVINCE OF SINDH THROUGH CHIEF SECRETARY AND OTHERS
Law: Punjab Private Educational Institutions (Promotion and Regulation) Ordinance (IV of 1984)
Section: 3,5,7A,8,9,12
Law: Constitution of Pakistan, 1973
Section: 9,18,23,24,25A
Law: Sindh Private Educational Institutions (Regulation and Control) Rules, 2005
Section: R.7(3)(4),10
(a) Punjab Private Educational Institutions (Promotion and Regulation) Ordinance (IV of 1984)--- ----S. 7A [as amended by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act, (VIII of 2017)]---Not-for-profit private schools in province of Punjab---Academic fees, increase in---Cap on increase in school fees under S. 7A of the Punjab Private Educational Institutions (Promotion and Regulation) Ordinance, 1984 ('the Ordinance') was also applicable to not-for-profit schools---Said Ordinance did not contain any such distinction between for-profit and not-for-profit schools---Had the Legislature intended to create such distinction, it would have specifically mentioned so---Applying the settled rules of interpretation, something which was conspicuously absent could not be read into the Ordinance---Only schools exempt from such limitation/cap were those charging monthly fees from a class of students at a rate which was less than four thousand rupees per month inclusive of the increase in fee. (b) Sindh Private Educational Institutions (Regulation and Control) Rules, 2005--- ----Rr. 7(3) & 7(4)---Private schools in province of Sindh---Tuition fees, increase in---Cap on increase in fees under R. 7 of the Sindh Private Educational Institutions (Regulation and Control) Rules, 2005 ("the Rules')---Said cap was not limited only to tuition fees as the lawmaker had not specifically used the word 'tuition fee' and instead used the word 'fee'---Interpreting 'fee' to mean 'tuition fee' only, would render the parts of the R. 7 redundant as it would open the possibility of institutions misusing R. 7(4) to exorbitantly increase any fee other than tuition fee in order to compensate for the reduction in income as a result of the cap, thereby essentially extracting tuition fee under the garb of a new head under R. 7(4)---Rule 7(4) seemed to apply to situations where institutions wished to add any new fee head to their fee structure/schedule subject to the approval of the Registering Authority---Once a new head was added, it too, would be subject to the conditions that it shall not be increased at any time during the academic year and only up to five…
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