ISLAMABAD   -  The Islamabad High Court (IHC) Thursday turned down a petition of Private Schools Association against the PEIRA’s notification advising the private educational institutions to grant concession of 20 per cent in monthly fee of students with effect from April, 2021. 

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah dismissed the petition filed by Abdul Waheed media secretary of the association of private schools challenging a notification dated 03-05-2021 issued by the Private Educational Institutions Regulatory Authority (PEIRA). 

The IHC chief justice noted in his verdict that this Court is not inclined to interfere with the policy decision described in the impugned notification. 

He added, “The impugned policy decision is, therefore, not justiciable nor this Court is inclined to exercise its extraordinary discretionary jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 to interfere therewith. The petition is, therefore, accordingly dismissed.” 

Justice Athar also noted, “In case the impugned policy decision is confiscatory in nature, then the aggrieved educational institution, is so advised, would be at liberty to approach the National Command and Operation Centre. The latter is the competent forum to deal with all matters relating to the Covid-19 pandemic crisis.” 

The court observed that a plain reading of the impugned letter shows that the Authority has advised private educational institutions to grant concession of 20% in monthly fee of students with effect from April, 2021 till reopening of private educational institutions. The concession policy is applicable in case of such institutions which charge monthly tuition fee more than Rs.8,000. This policy decision has been taken in the wake of the recent spike in Covid-19 positive cases. 

The bench added that it is not disputed that the private educational institutions were closed pursuant to letter, dated 24-04-2021, issued by the Authority. 

The counsel for petitioner contended that the policy decision was taken without affording an opportunity of hearing to the affected stakeholders. She argued that the Islamabad Capital Territory Private Educational Institutions (Registration and Regulation) Act, 2013 and the rules made thereunder do not empower the Authority to issue policy guidelines in relation to the Covid-19 pandemic crisis. 

She also argued that the impugned notification is bereft of jurisdiction and, therefore, it is to be declared as void ab initio. 

The IHC bench said that it is not disputed that the impugned notification describes a policy decision taken by the Authority in the context of dealing with the Covid-19 pandemic crisis and it is also an admitted fact that there is a recent spike in the spread of the pandemic. 

It also said that it is not the case of the petitioner Association that the policy decision notified vide the impugned notification has a confiscatory effect. The private schools are engaged in commercial profit making business. The Covid-19 crisis has exposed the human species to enormous challenges. These are indeed difficult, uncertain and extraordinary times. 

The bench stated that the impugned notification, dated 03-05-2021, is regarding a policy decision taken to meet the challenges of the Covid-19 pandemic crisis. It added that as already noted, it is not the case of the petitioner Association that the policy decision would have confiscatory effect on the private educational institutions which charge more than Rs.8,000 fee per month. The schools were closed because of the lockdown. The ground of confiscatory effect of the impugned policy can only be taken by an individual school because then the latter will also have to establish it by bringing on record cogent and reliable evidence.