Civil courts barred from hearing private school cases

PESHAWAR: The Peshawar High Court (PHC) has ruled that civil courts do not have jurisdiction to hear civil suits concerning matters related to private schools.

Instead, all complaints and grievances in such matters must be filed exclusively with the Khyber Pakhtunkhwa Private Schools Regulatory Authority (KPPSRA).

A single-member bench of the PHC’s Mingora bench, comprising Justice Sabitullah Khan, issued this ruling while accepting a civil review filed by the Aga Khan Higher Secondary and Primary School Chitral regarding jurisdiction.

The case originated from a civil suit filed by a parent whose child was enrolled in the Aga Khan School. A parent alleged that the school had unlawfully increased the annual fee beyond the 10 per cent limit stipulated under the Khyber Pakhtunkhwa Private Schools Regulatory Authority Act 2017. The plaintiff had sought a declaration, an injunction, and adjustment of the increased fee through the civil suit.

Previously, the Civil and District Court in Lower Chitral had issued summary judgments in favor of the plaintiff and against the Aga Khan School. The school subsequently filed a civil review before the PHC, contesting those judgments.

During the PHC proceedings, Barrister Isfandyar Khan, representing the Aga Khan School, argued that the lower courts had misapplied the law concerning summary judgments. Barrister Asadul Mulk, appearing on behalf of the KP-PSRA, contended that the judgments passed by the courts were liable to be set aside due to the courts’ lack of jurisdiction. He also pointed out that the decision of the Mingora Bench, which the lower courts had relied upon, had already been modified by the Supreme Court in the case titled District Education Officer v. The Langlands School.

Advocate Alam Zeb represented the respondent/plaintiff. In its judgment, the PHC stated: “In view of the provision of Section 27 of the Khyber Pakhtunkhwa Private Schools Regulatory Authority Act, 2017, the civil court lacks the jurisdiction to adjudicate upon the controversy brought by the respondents through their suit relating to the fees. Rather, the authority shall have exclusive authority in respect of such matters.”

Consequently, the PHC set aside the judgments of the civil and district courts of Lower Chitral and referred the matter to the Director General of KP-PSRA, directing that it be decided within two months.