Minority schools have approached the Delhi High Court challenging a new law that makes government approval mandatory for school fee increases. They argue the law violates Article 30 of the Constitution, which protects minority institutions’ right to manage their own affairs.
New Delhi: The Delhi High Court on Friday issued notice to the Delhi government and the Lieutenant Governor (LG) on a group of petitions filed by minority schools. These schools have questioned the constitutional validity of a new Delhi law which makes it compulsory for private schools to take government approval before increasing school fees.
A Division Bench headed by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the order and said that the matter will be taken up for further hearing in March 2026.
While issuing notice, the Court allowed the respondents to place their response on record and said,
“We permit the respondents to file a master counter affidavit in all these matters after serving it to the petitioners. Please file in six weeks,”
the Court orders.
The Bench also granted relief to the schools on the timelines fixed under the new law and related notification. The Court said that schools can now constitute school-level committees to regulate fees by January 20 instead of the earlier deadline of January 10.
In addition, the Court extended the deadline for submission of the proposed fee structure by school managements to the committee. The last date has now been extended to February 5, whereas earlier it was January 25.
The petitions have been filed by several minority schools in Delhi challenging the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025. The schools have argued that the new law interferes with their constitutional rights.
Under the new Act, any increase in school fees by private schools has to be approved through a transparent three-tier committee system. This system includes representatives of parents, school management and the government.
The minority schools have also challenged a notification issued on December 24, 2025 by the Directorate of Education (DoE), Delhi. This notification directed all private unaided schools to form a School Level Fee Regulation Committee (SLFRC) by January 10, 2026.
As per the notification, the SLFRC must consist of a chairperson, the school principal, five parents, three teachers and one representative from the DoE.
It is important to note that on January 8, several other private schools had also challenged the same Act and notification before the Delhi High Court, in which notices were already issued.
During today’s hearing, the counsel representing the minority schools argued that the law violates Article 30 of the Constitution of India. Article 30 gives minorities, whether religious or linguistic, the fundamental right to establish and administer their own educational institutions.
The counsel told the Court that minority schools have the right to decide their own fee structure and that the government’s role is limited only to ensuring that schools do not indulge in profiteering.
Emphasising this point, the counsel said,
“My submission is that prior approval [by government] is wrong… I am saying that this prior approval clause is in clear violation of article 30,”
the counsel said.
On the other hand, the Delhi government defended the law. Additional Solicitor General SV Raju appeared on behalf of the government and argued that the Act is valid.
The ASG submitted that Supreme Court judgments interpreting Article 30 clearly allow the government to impose reasonable regulatory measures on minority institutions, especially in matters relating to transparency and prevention of unfair practices.
The case will now be heard again in March 2026, when the Court will further examine whether the new fee regulation law violates the constitutional rights of minority schools or falls within the permissible limits of government regulation.
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