Delhi High Court Rejects Stay on Private School Fee Regulation Panel
HC allows implementation of new school fee law while examining petitions challenging its validity.
The Delhi High Court on Friday refused to stay the implementation of the fee regulation framework for private schools, even as petitions challenging its constitutional validity remain pending. The bench directed that any action under the December 24, 2025 notification issued by the Directorate of Education (DoE), GNCTD, will be subject to further orders in the ongoing cases.
Under the new law, every private school in Delhi must form a School-Level Fee Regulation Committee (SLFRC), comprising representatives from the management, principal, three teachers, five parents, and one DoE nominee. Members will be selected through a lottery system under observers to ensure transparency, and the committee must decide on fee proposals within 30 days.
The regulation is part of a two-tier mechanism to bring transparency to private school fees, with decisions made at the school level and the possibility of appeals to district-level appellate bodies. The framework is being implemented from the current academic session to standardize fee fixation across schools.
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Senior advocate Mukul Rohatgi, representing the Action Committee Unaided Recognised Private Schools, argued that the notification was “bad in law” and could only have been issued by the Lieutenant Governor, not the DoE. He requested a stay or, at minimum, protection against coercive action by authorities.
Senior advocate SV Raju, representing the DoE, countered that the directorate is authorized to issue such notifications and agreed to extend the compliance timeline following the court’s suggestion. The petition contends that the legislation violates fundamental rights of private school managements and has been enacted in a “malafide, arbitrary, and biased” manner.
With the HC refusing to grant a stay, private schools are required to constitute their SLFRCs and submit fee proposals while awaiting the court’s final decision. Authorities emphasized that the interim compliance period is intended to allow schools to adjust to the new system without immediate penalties.
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