Court orders Aga Khan school to refund fee in excess of 10pc

CHITRAL: A court here on Tuesday restrained the Aga Khan School Dolomuch from making more than 10 per cent increase in its tuition fee per year and directed it to refund the amount received in excess of the permissible 10pc from parents for the academic year 2023-24.

The order was issued by Civil Judge Sher Hassan Khan on a petition by parents of children studying in the school.

The petition named the principal of Aga Khan Higher Secondary School and Primary School Dolomuch and Seenlasht, General Manager Aga Khan Higher Secondary School (AKHSS) Seenlasht and junior campus Dolomuch, accountant AKHSS Seenlasht and Chief Executive Officer Aga Khan Education Service Pakistan Karachi and others as respondents.

The petitioners stated that their children were studying at the AKHSS Seenlasht junior section Dolomuch. They said the school increased the tuition fee for the year 2023-2024 by more than 60pc, violating the law and Shariah. They said that because of being violative of the notification of Khyber Pakhtunkhwa Private School Regulatory Authority, the parents were not legally bound to pay the increased fee of more than 10pc per year. The petitioners requested the court to restrain the school from increasing its tuition fee by violating the rules.

After hearing the counsel of both parties, the court in its order stated that in the light of short arguments and available record on file, an interim injunction is hereby granted and defendants/respondents are restrained from receiving more than 10% increase in the tuition fee, for 14 days, subject to notice to respondents/defendants and contrary orders of the superior court, if any. 

“The defendants admitted that the increase in the annual tuition fee is pending with the Regulatory Authority, meaning thereby that order regarding the increase in the annual tuition fee has been passed/made without the Khyber Pakhtunkhwa Private School Regulatory Authority and in sheer violation of the Act and regulation as the school has no authority whatsoever to suo moto increase the annual tuition fee and needless to mention and that being 10pc as per the mandate of section 7 (6) of the regulations, 2018,” stated the court order available with ChitralToday.

The court order added:”It is clear that the fee received in excess of the fee approved by the regulatory authority is refundable rather adjustable. Therefore, the defendants are directed to refund the excess amount received as tuition fee beyond 10pc during the year 2023-24.”

They were also directed to refrain form receiving tuition fee beyond 10pc. The defendants were also directed to follow rules in letter and spirit pertaining to concessions to siblings.