The Constitutional Court has rejected the appeal submitted by one of the owners of foreign private schools regarding the Minister of Education’s decision to reduce tuition fees for private schools for the academic year 2020/2021, as a result of the repercussions of the Corona pandemic.
The court said, in its session which was held under the chairmanship of Counselor Muhammad bin Naji and the membership of advisors Fouad Al-Zuwaid and Saleh Al-Morished on March 16, that the assessment of the seriousness of the defense of unconstitutionality in the contested decision is based on two necessary matters — the first is that the decision on the constitutional issue is necessary to settle the substantive dispute, and the second is that there is an apparent suspicion of violating the legislative text in question of the provisions of the constitution and then this defect is considered related to its legality, which is oversight by the administrative judiciary, reports a local Arabic daily.
The court added that, since that was the case, and the appellant’s complaints about the contested decision were in fact and essence related to the extent of the legality of that decision, as it was issued by Ministry of Education without relying on a law that allows it to interfere in determining school fees, bypassing the assigned jurisdiction according to the decree of its establishment, it is immune – if true – subject to the legality control exercised by the administrative judiciary, which must, before applying any legal provision, verify its legality and its compliance with the law, in fulfillment of its jurisdiction in this regard, and if the contested ruling implicitly rejected the plea, the result is legally correct, and then the judiciary must support it and reject the appeal, and for these reasons the court’s wisdom is to accept the appeal in form and reject it in substance.
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