Law:

Section: 9,18,23,24,25A,38

Per Abid Aziz Shiekh, J; Shams Mehmood Mirza and Shahid Karim, JJ concurring. (a) Punjab Private Educational Institutions (Promotion and Regulation) Ordinance (IV of 1984)--- ----S. 7-A---Punjab Private Educational Institutions (Promotion and Regulation) Rules, 1984, R. 12(ii)---Constitution of Pakistan, Arts.18, 23, 24 & 25A---School fee/tuition fee charged by unaided private schools---Question as to whether Government could regulate fee structure of unaided private schools, and whether it could also lay down a specific cap on increase in fee for any academic year---State had the responsibility to see that private educational institutions which had been set up with Government permission were not involved in profiteering, capitation or exploiting the parents---Private educational institutions being a business were covered under definition of "trade" and thus could be regulated by a licensing system---Fee structure (of private schools) could be regulated through a licensing system under Art.18 of the Constitution, however any restrictions/regulations must be reasonable and should not impinge upon the Fundamental Rights of such institutions---Provisions of subsections (2), (3), (7), (8), (9) and (10) of impugned S.7-A of the Punjab Private Educational Institutions (Promotion and Regulation) Ordinance, 1984 [as amended through Punjab Private Educational Institutions (Promotion and Regulations) (Amendment) Act, (VIII of 2017) merely provided a mechanism to regulate the increase in fee structure---Such mechanism/requirements through a licensing system were not only permissible under law but were also reasonable and justified as it did not imbalance the equilibrium between right of the State to regulate the fee structure and the autonomy of the private educational institutions to justify the increase in fees in order to ensure quality and excellence in education---However, by way of S.7-A of the Ordinance the complete bar placed on private schools to increase annual fee and then its subsequent capping at 5% and 8% was not proportionate and an unreasonable restriction on Fundamental Rights of management of private schools---Such complete bar or capping was ultra…

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