ISLAMABAD: The Supreme Court of Pakistan on Friday suspended order of Islamabad High Court (IHC) regarding directions to Capital Development Authority (CDA) to seal private schools over non-confirming use.
The development came as a result of an appeal filed by the All Pakistan Private Schools & Colleges Association (APPSCA) through its council Khalid Awan against decision of IHC.
The CDA building control directorate had sealed over around 100 private schools functioning in residential areas of the capital. It was said that the action has been done on directive of IHC and as per CDA rules regulations; any other commercial activities cannot take place in residential areas.
However, the decision was challenged in the apex court while the court granted relief to private schools by suspension of its lower court’s order.
The petition said that there are enrolled around 0.35 million children in these schools and the action taken by civic agency put the future of such enormous amount of students on stake.
The petition said that across the world primary schools are operated in residential areas so that minor children could travel easily to schools.
Furthermore, the petition said, the education is service commodity, not a commercial activity.
The petition contended that all private schools wanted a permanent solution of this issue with mutual consultation of CDA.
It added that most the sealed schools are collecting very meagre fee which is quite different from elite/big schools.
It was further claimed in the petition that current 423 public sector schools are unable to entrain ever increasing number of population for education while this gape is being fulfilled only by these small private schools where only lower economic segment of the society enrolling their children.
According to the available documentary information, overall there are some 363 private schools in residential areas in Islamabad. The information stated that the CDA also decided that from now onwards, it will earmark plots for private schools in all sub-sectors of new sectors.
A long ago, the CDA had allotted plots in such areas solely for schools run by the Federal Directorate of Education. Many private schools were allotted amenity plots in Sector H-8 at nominal charges.
A couple of years ago, the policy was changed so that such plots would be disposed of through open auction. In May this year, on the directives of the IHC, CDA officials and the representatives of over 100 private schools held a meeting before the new policy was formulated. On this occasion, private school operators pleaded that primary schools too be allowed in residential sectors, but the CDA is mulling over preschools alone.
It is pertinent to mention that this contention has been continued since past many years while Private Educational Institutions Regulatory Authority has a budget of annual billions has been supposed just to look after affairs of all Private Educational Institutions being functioned in the Islamabad Capital Territory. While surprisingly, the authority which has mandate to deal with all affairs of private sector schools ever played role of silent spectrum as it has no legal provision to intervene into the matter and the authority also don’t have any type of policy under which such issues could be mended.
Published in Daily Times, August 11th 2018.