LawChakra

Delhi High Court Orders State to Ensure Functional PTAs in All Private Schools, Issues Notice

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The Delhi High Court has directed the State government to take immediate steps to ensure that Parent-Teacher Associations are properly formed and functioning in all private schools in the capital.
The Court noted that non-constitution of PTAs deprives parents of a collective voice, especially in matters related to school fees and governance.

New Delhi: The Delhi High Court has directed the government to ensure that Parent Teacher Associations (PTAs) are properly formed and functioning in all private schools across the national capital. The direction was passed while hearing a petition that raised serious concerns about private unaided schools failing to constitute PTAs, which has affected parents’ ability to question school fee hikes and other important decisions.

The matter was heard by a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia in a case filed by the non-profit organisation Justice For All against the Directorate of Education.

The petition highlighted that even though the law clearly mandates the formation of PTAs in every recognised school, many private schools have ignored this requirement.

While issuing notice in the case, the Court gave an interim direction to the authorities and said,

“Issue notice. In the meantime, all necessary steps to be taken to ensure parents teacher associations are there in the schools,”

making it clear that immediate action must be taken to ensure compliance with the law.

In its plea, Justice For All pointed out that there is a widespread violation of education laws which require every recognised school to have a democratically elected Parent Teacher Association.

The organisation argued that the absence of PTAs has left parents without any collective forum to raise concerns or participate in decision-making, especially in matters related to school fees and administration.

The petition stressed the importance of PTAs in school governance and stated,

“A properly constituted PTA is an integral part of the school’s governance structure, essential for fostering cooperation between parents and teachers, ensuring transparency in school administration, and safeguarding the welfare of students. The absence of such a body leads to an opaque and unaccountable system, particularly in financial matters,”

highlighting how the lack of PTAs creates secrecy and accountability issues.

The plea further said that the issue has become more urgent after the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025 came into force.

According to the petitioner, the new law places PTAs at the centre of the fee regulation process, making their proper constitution even more critical for protecting parents’ rights.

Justice For All also referred to the Delhi School Education Act, 1973 and its rules, which clearly require every recognised school to establish a PTA. It further noted that in 2010, the Directorate of Education issued detailed guidelines mandating democratic elections to PTA executive committees every two years.

These guidelines were later upheld by the Delhi High Court in 2013, making them compulsory for both aided and unaided schools. Despite this clear legal position, the petition alleged that many schools continue to ignore these requirements in practice.

The plea strongly criticised the method adopted by some schools and argued,

“The practice of schools hand-picking members for the PTA or its executive committee is a colourable exercise of power and a fraud on the statute, which envisages a democratic process of election to ensure genuine representation of parents,”

calling such practices illegal and against the spirit of the law.

On these grounds, the petitioner has sought directions from the High Court to ensure time-bound PTA elections in all schools, the creation of a proper monitoring mechanism to supervise the process, and strict action against schools that fail to comply with the statutory requirements.

The case was argued by Advocate Khagesh B Jha, and the petition was filed through Advocate Ankit Mann.

Case Title:
Justice For All v. Directorate of Education

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