2021 PLP 1271 (MLD)

SYED MUHAMMAD ATTIQUE SHAH, J.

Through instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, petitioners have prayed for the following relief:- "It is, therefore, most humbly prayed that on acceptance of the instant petition an appropriate writ may graciously be issued to the respondents: i. To not to collect any enhanced amount than the already set out scheduled in the prospectus for the year, 2017-18 and to charge the petitioners as per the given schedule till completion of their B.S. English Program, ii. To pay back the enhanced amount than the already set out schedule to the petitioners which the petitioners have deposited under protest and due to extreme pressure and force of the respondents or be adjusted against future semester fees, iii. To declare the enhancement in the already fee schedule from 25000 to 36000 per semester is wrong, illegal and void and liable to be struck down and if there is any order, notification, notice or any decision of agenda of Board of Governors or anyone else provides for the instant impugned enhancements, the same may graciously be declared as illegal, wrong, unlawful, void and ineffective upon the rights of the petitioners. iv. To provide for all the subject facilities to the petitioners including to, but not limited to AC rooms, multimedia facility, journal subscription, research facilities and all ancillary matters and facilities to the petitioners, and v. Not to hinder the smooth teaching environment of the petitioners and not to create any sort of problems for the students anymore and particularly for the petitioners, but rather to facilitate the petitioners to get complete their B.S English Program in a peaceful and dignified manner, and vi. Any other relief not specifically asked for may also graciously be extended in favour of the petitioners, in the circumstances of the case."

2. In essence, grievance of the petitioners is, that they are studying in their respective Semesters of B.S English with a fee of Rs.25000/- per Semester; however, the respondents all of a sudden enhanced the said fee to Rs.36000/- with an increase of Rs.11000/- per Semester; which is illegal; being without legal footing and backing; that petitioners have also been discriminated, as the ibid increase has only been confined to the students of B.S English; that petitioners moved applications to the respondents qua the illegal increase; but in vain; hence, instant petition.

3. Respondents Nos.1 to 3 filed their Para-wise comments, wherein they resisted the issuance of the desired writ, while contending that increase in fee is a policy matter and the same had been taken by the institution with due care and regard to the prevailing circumstances and the same cannot be interfered with by this Court under its Constitutional Jurisdiction. Further, it has explicitly been provided in the College's prospectus that the College reserves the right to enhance the fee structure, time frame and policies qua sustaining of the institution at any time in its interest, as the operational budget of the College is entirely based and dependent upon the students' fee; which is the only source for maintaining the institution; besides, the college initially subsidized the program; however, the same was not viable; therefore, after four semesters, the fee was enhanced to 36000/- with prospective effect from Sep, 2018, which is now at par with all the other BS programs so offered by the institution; with an obvious effort to end disparity in the fee structure. Last but not the least, the increase was approved by the Finance Committee of the College in its budget meeting for the year, 2018-19; followed by the approval of Board of Governors under the Chairmanship of the worthy Governor Khyber Pakhtunkhwa; hence, prayed for dismissal of the instant petition.

4. Heard; available record gone through.

5. Careful perusal of record reveals that petitioners have been studying in different semesters of B.S English in the respondent institution since, 2016. At the time of their admission, per Semester fee was introduced as Rs.25000/- including non-refundable admission fee; indeed, the said fee was mentioned in the prospectus of College for the said Program; but nonetheless, an increase of Rs.11000/- per Semester was approved by the Finance Committee of the College in its Meeting held on 3rd May, 2018 and the same was also approved by the Board of Governors under the Chairmanship of the worthy Governor Khyber Pakhtunkhwa in its 4th Meeting held on 24th June, 2018. It has also been specifically provided by the prospectus that the College reserves its right to enhance the fee structure, time frame and policies qua the fee any time. Certainly, the operational budget of the College is entirely based upon the students fee; which is the only source for maintaining the affairs of College.

6. Record further suggests that not only the fee of B.S English was enhanced; but, fee of all other faculties were also enhanced and the ibid fee was also being paid by the petitioners right from the date of its enhancement i.e. 2018/2019 and; thus, they are estopped by their own conduct to challenge the validity of the same through instant petition.

7. As of now, it is well settled that courts are slow while interfering in the policy matters qua admissions, endowment funds and tuition fee etc under the policy given by the government or approved/adopted by the educational institution itself and interference in the same by the Courts is only amenable in extra ordinary and exceptional circumstances, which are not available in the instant case. 2013 SCMR 1687 "Secretary Economic Affairs Division, Islamabad v. Anwarul Haq Ahmed", PLD 2014 Lahore 451 "Dr. Salman Kazmi v. Secretary Cabinet Division".

8. In view of the foregoing discussion, instant petition is dismissed; being devoid of merit. MQ/46/P Petition dismissed.