Unaided Private Schools Granted Interim Relief; Allowed to Charge Previous Year's Fees
In a significant development, the Delhi High Court has granted interim relief to unaided recognized private schools by halting the implementation of a contentious notification issued under the Delhi School Education Act, 2025. The notification aimed to set revised timelines for the constitution of the School Level Fee Regulation Committee (SLFRC) and the approval of fees for the academic year 2026-27. The court's decision allows these schools to continue charging fees at the same rate as the previous academic year until a final determination under the Act and its associated rules is reached.
The case, titled "Action Committee Unaided Recognised Private Schools v. Hon'ble Lt. Governor, Delhi," was heard by a division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia. The petitioners, representing several unaided private schools, challenged the notification on the grounds of impractical timelines and constitutional inconsistencies. They argued that the notification was unworkable due to the lack of audited financial statements for the previous year and the overlap with ongoing examinations, making the process of fee regulation unfeasible within the stipulated timeframe.
Counsel for the petitioners contended that the notification's requirements conflicted with the provisions of the Delhi School Education Act and its rules, particularly concerning the timelines for SLFRC constitution and fee approval. They further argued that the requirement for unanimous approval by SLFRC was unconstitutional and imposed undue hardship on schools.
On the other hand, the respondents, represented by the Additional Solicitor General, emphasized the Act's objective to curb commercialization and profiteering in education as per the National Education Policy, 2020. They maintained that the notification was a necessary measure to ensure transparency and regulation of school fees, preventing excessive charges.
After hearing both sides, the court observed that the timelines set by the notification were indeed unworkable and that the balance of convenience favored the petitioners. The court acknowledged the practical challenges highlighted by the schools, including the lack of necessary data and the ongoing academic activities that hindered compliance with the notification.
The court ordered that the operation and implementation of the notification be stayed during the pendency of the petitions. Schools are permitted to charge fees at the previous year's rates, subject to the final outcome of the ongoing legal proceedings. The court also clarified that any fees collected in excess would be subject to refund or adjustment once the fee structure is finalized under the Act and its rules.
The decision marks a temporary win for the private schools, providing them relief from the immediate implementation of the new fee regulation framework. The case is set for a final hearing on March 12, 2026, where the substantive challenges to the Act, the rules, and the notification will be addressed.
Bottom Line:
Delhi School Education Act, 2025 - Notification fixing timelines for constitution of School Level Fee Regulation Committee (SLFRC) and approval of fees challenged - Notification deemed unworkable due to insufficient time and practical difficulties, including lack of audited financial statements and ongoing examinations - Interim relief granted to schools to continue charging fees of previous academic year during pendency of petitions.
Statutory provision(s):
Delhi School Education Act, 2025 Sections 3, 4, 5, 6, 21
