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SHAHRUKH SHAKEEL KHAN versus PROVINCE OF SINDH

7R 7 (3) on Institution of Pakistan, Article 25 A The increase of fees through private schools - the scope - The state's primary responsibility is to establish educational institutions and to do so effectively through appropriate regulatory mechanisms. Play ule Rule 7 (3) Rules of Sindh Private Educational Institutions (Rules and Regulations), 2002, were not violative of Article 25A of the Constitution - Private School Sindh Private Educational Institutions (Regulation and Control) Rules of Rules 2002 (7) 3) I was not following the procedure I provided. - The government was directed by the High Court to ensure compliance with the Sindh Private Educational Institutions (Regulation and Control) Rules 2002 and submit a report to the court - Increasing the annual tuition fee by 5% from the date of registration of the schools only Should. Tuition fees should not be increased for a period of three years and in this case after a period of three years unless the school is re-registered, the ELF - whose private schools have registered from the date of their registration / re-enrollment They have increased their tuition fees by 3% annually for the last three years. The fees should not be increased till their registration - constitutional applications have not been dealt with accordingly, [pp. 200, 208, 209] A, B, C&D

P L D 2017 Sindh 198 

Before Sajjad Ali Shah, C.J. and Zulfiqar Ahmad Khan, J

SHAHRUKH SHAKEEL KHAN and 2 others—Petitioners

versus

PROVINCE OF SINDH through Chief Secretary and 4 others—Respondents

Constitutional Petitions Nos. D-5812, D-5651, D-6171, D-6219, D-6383, D-6943, D-5867, D-7390 and D-7901 of 2015 decided on 7th October, 2016.

(a) Sindh Private Educational Institutions (Regulations and Control) Rules, 2002—

—R. 7(3)—Constitution of Pakistan, Art. 25-A—Increase in fees by the private schools—Scope—State had the primary responsibility to establish educational institutions and operate the same effectively through appropriate regulatory mechanism—Rule 7(3) of Sindh Private Educational Institutions (Regulations and Control) Rules, 2002 was not violative of Art. 25-A of the Constitution—Private schools were not following the mechanism provided in R.7(3) of Sindh Private Educational Institutions (Regulations and Control) Rules, 2002— Government was directed by the High Court to ensure compliance of Sindh Private Educational Institutions (Regulations and Control) Rules, 2002 and submit report to the Court—Schools should only increase tuition fees no more than 5% per annum from the date of their registration for three years and in case there had been no re-registration after said period of three years then tuition fees should not be increased unless school re-registered itself—Private schools who had increased their tuition fees over 5% per annum for the last three years from the date of their respective registration/ re-registration should not further increase fees until their reregistration—Constitutional petitions were disposed of accordingly, [pp. 200, 208, 209] A, B, C & D

(b) Constitution of Pakistan—

—Art. ' 199—Constitutional jurisdiction of High Court—Scope*— Question of fads could not be resolved by the High Court under constitutional jurisdiction. [p. 208] E

Petitioners by:

Abdur Rehman for Petitioners (in C.P. No.£>-5867 of 2015).

Salahuddin Ahmed for Petitioners (in C.P.- No.D-6219 of 2015).

Mehreen Ibrahim and Shajee Siddiqui for Petitioners (in C.Ps. Nos.D-5812, D-6171, D-6219, D-6983, D-6943 and 0-7390 of 2015).

Haris Rasheed Khan along with Petitioner Sardar Azmat Hussain (in C.P. No.D-7901 of 2015).

Respondents by:

Jam Asif Mehmood, Saim Hashmi and Ms. 2ahrah Sahar Viyani [Generation School (Pvt.) Ltd.] along with Shoaib Siddiq, Administrator.

Khawaja Shamsul Islam for Respondent No. 2 (in C.P. No.D-5867 of 2015).

Kazim Hasan, [Beacon House School System].

Mustafa Mahesar, A.A.G.

Dr. Mansoob Hassan Siddiqui, D.G. Private Institution Sindh. Date of hearing: 9th September, 2016

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