The Delhi High Court declined to stay a notification mandating private schools to form fee regulation committees. A Division Bench extended deadlines, allowing committees by January 20 and fee proposals submission by February 5 instead of earlier stipulated dates.
NEW DELHI: The Delhi High Court, declined to stay a notification from the Delhi government mandating private schools in the capital to form committees at the school level for regulating fees.
A Division Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Tejas Karia, allowed the committees to be established by January 20 instead of the previous deadline of January 10.
Additionally, the Bench extended the deadline for school managements to submit their proposed fees to the committee, pushing it back to February 5 from the original January 25.
This ruling arose during the adjudication of several petitions filed by private schools in the national capital, questioning the constitutional validity of The Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025.
Section 4 of the Act prescribes provisions for “School Level Fee Regulation Committee”. It provides that
- (a) Every school shall constitute a Parent-Teachers Association following such guidelines as may be prescribed.
- (b) Every school shall constitute, not later than 15th July, a School Level Fee Regulation Committee for each academic year.
The Committee shall consist of a Chairperson (Representative of Management of the school nominated by such Management), a Secretary (Principal of the school), a Member (Three teachers of school to be selected through draw of lots), a Member (Five parents from Parent-Teachers Association to be selected through draw of lots), and an Observer (Nominee of Director of Education).
As per Sec 2(13) of the Act, “School” means and includes a private unaided pre-primary school, primary school, school imparting elementary education, secondary school, higher secondary school, senior secondary school, recognised or unrecognised by the Government or managed by any management or affiliated to any Indian or foreign course or Board, including the schools run by the minority educational institutions and schools given land on concessional rates by Government agencies as applicable.
The legislation requires that any fee increases in private schools receive approval through a transparent, three tier committee system, which includes parents, school management, and government representatives.
The Court also reviewed a notification issued on December 24, 2025, by Delhi’s Directorate of Education (DoE), which instructed private unaided schools to establish a School Level Fee Regulation Committee (SLFRC) by January 10, 2026. This committee is to include a chairperson, the principal, five parents, three teachers, and one representative from the DoE.
Senior Advocate Mukul Rohatgi, representing a coalition of private schools, argued that the constitutional validity of the new law has been challenged and contended that the notification should be stayed due to its contradiction with the act and its illegality.
The Additional Solicitor General (ASG) defended the legislation, asserting that it is constitutional and designed to curb arbitrary fee increases by schools.
After considering the arguments, the Court decided not to stay the notification but allowed additional time for compliance. The ASG concurred with this proposition after consulting with officials.
Consequently, the Court extended the compliance deadlines and issued notices to the Delhi government and the Lieutenant Governor (LG), requiring them to submit their responses to the case.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
