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The Sindh High Court on Monday ruled in favour of private schools by quashing the contentious 5 per cent fee cap imposed by the rules framed by the Education Department, Government of Sindh under the Sindh Private Educational Institutions (Regulation & Control) Ordinance 2001. This law and its rules had been challenged by various private schools in the Sindh High Court since 2005, says a press release of Pakistan Education Council issued on Tuesday.
In its final order dated March 5, 2018, the Sindh High Court division bench headed by Justice Munib Akhtar declared that, while the government has the power to regulate schools, Rule 7 (3), which deals with the increase in school fees, was ultra vires Article 18 of the Constitution of Pakistan. Therefore, Rule 7 (3) was "quashed and declared to be of no legal effect". The court has directed the Sindh Education Department to develop a fresh regulatory framework for private schools within 90 days of the said order.
The information published on March 6 in the Karachi editions of various English dailies was incorrect, as it related to a different court hearing that took place on 19-01-2018 and, that too, in front of a different division bench.-PR

Copyright Business Recorder, 2018

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