Islamabad - A Division Bench of Islamabad High Court (IHC) yesterday reserved its verdict over maintainability of an Intra Court Appeal (ICA) of private schools against a single bench’s judgment wherein it had barred the private educational institutions of the federal capital from receiving tuition fee from the students for the months during summer vacations.

The IHC dual bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani conducted hearing of the (ICA) moved by the private schools and reserved its judgment after hearing arguments of all the parties. Private schools through their counsel Advocate Sardar Muhammad Latif Khosa moved the ICA and adopted before the division bench that the single bench comprising Justice Shaukat Aziz Siddiqui issued this order without hearing their side.

He contended that the single bench’s order is liable to be set aside. The petitioner’s counsel argued before the court that the decision regarding prohibiting students from submitting summer vacations’ fees was against the law. The counsel for Private Educational Institution Regulator Authority (PEIRA) Advocate Rashid Haneef adopted that the petition of private schools was not maintainable and requested the bench to dismiss the same. He said that the same matter was pending before the Supreme Court. He further said that the parents were not supposed to submit students’ fees until the single member bench’s decision would be turned down. He added that the apex court was likely to take suo moto action in this matter. The dual bench asked the PEIRA’s counsel to submit the apex court’s order regarding the matter.

However, Advocate General Tariq Mehmood Jahangiri contended that it was a legal matter and thus the petition was not maintainable. After hearing the argument of all the parties, the bench reserved its judgment over maintainability of the case.

Previously on May 18 through an interim order, Justice Siddiqui had restrained private educational institutions of Islamabad from receiving monthly fees from the students during summer vacations in the light of Lahore High Court (LHC) and Peshawar High Court (PHC) orders that had restrained private educational institutions from receiving tuition fee etc during summer vacations.

The single bench in its order had noted, “The Private Educational Institutions Regulatory Authority (PEIRA) is directed that all private educational institutions be restrained from receiving fee for the period of summer vacations till the next date of hearing. Amount of fee already paid by the parents/students shall be adjusted against fee for the period after vacations”. The court had issued this order in the writ petition of Jamshed Khan in his petition against a private school.