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Appeals Against A Reduction In Private School Fees Are Rejected By The Constitutional Court
The Constitutional Court has dismissed an appeal filed by a foreign private school owner challenging the Minister of Education's decision to cut private school tuition costs for the academic year 2020/2021 as a result of the Corona pandemic's consequences.
The court stated on March 16, in a session chaired by Counselor Muhammad bin Naji and attended by advisors Fouad Al-Zuwaid and Saleh Al-Morished, that the seriousness of the unconstitutionality defense in the contested decision is based on two necessary factors: the first is that a decision on the constitutional issue is required to resolve the substantive dispute, and the second is that there is apparent suspense.
Since that was the case, and the appellant's complaints about the contested decision were in fact and essence about the extent of its legality, the court added that, because it was issued by the 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 court.
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