Order Sheet

IN THE HIGH COURT OF SINDH AT KARACHI

Const. Petition No. D – 2195 of 2020

Date	Order with signature of Judge

Hearing / priority :

1. For orders on Misc. No.10615/2020 (U/O I R 10 CPC) :
2. For orders on Misc. No.10684/2020 (U/O I R 10 CPC) :
3. For hearing of Misc. No.10329/2020 (Stay) :
4. For hearing of Main Case :

29.04.2020 :

            M/S Arshad M. Tayebaly and Omar Memon, advocates

            for the petitioners.

            Mr. Ghulam Shabbir, Addl. Advocate General Sindh a/w Dr. Mansoob

            Hussain Siddiqui, Director General, Directorate of Private School /

            Institutions, Sindh Education & Literacy Department.

            Mr. Irfan Aziz, advocate for the intervenor.

…………

            Learned AAG files statement dated 29.04.2020 along with copies of Notification dated 27.04.2020 issued by the School Education & Literacy Department, Government of Sindh, and Special Order dated 28.04.2020 issued by respondent No.2 / Director General of the Directorate of Inspection / Registration of Private Institutions Sindh School Education & Literacy Department, Government of Sindh. The above are taken on record, copies whereof have been received by learned counsel for the petitioners. According to the above Notification, The Sindh Private Educational Institutions (Regulations & Control) Rules, 2005, have been amended by inserting Rules 19-A to 19-E in place of the original Rule 19, by giving powers to the registering authority defined under the said Rules to issue a Special Order in extra ordinary circumstances described in the newly inserted Rule 19-A, including enhancement or reduction in fee and remuneration of teachers and other staff mentioned in the newly inserted Rule 19-C. According to the newly inserted Rule 19-E, an appeal against a special order passed under the new amendment shall lie to the Secretary School Education Department in case of schools and to the Chief Secretary in case of colleges. Learned AAG states that by exercising power under Rule 19-A, respondent No.2 has issued a special order dated 28.04.2020 regarding 20% mandatory concession in the fee of the students for the months of April and May 2020 in respect of privately managed schools. He states that in terms of newly inserted Rule 19-B, the above mentioned special order has superseded the earlier directives that have been impugned in the present petition, and as such the present petition has now become infructuous.

            Learned counsel for the petitioners agrees to the extent that the present petition has become infructuous, but insists that the above amendments and special order dated 28.04.2020 issued in pursuance thereof are discriminatory and illegal, and as such the petitioners shall reserve their right to challenge the same. Be that as it may, as the petition has become infructuous, the same stands disposed of along with listed applications with no order as to costs.

          J U D G E

J U D G E