HC defers Govt’s mandate to private schools to form SLFRCs

The Delhi High Court on Saturday deferred the implementation of the city Government’s mandate to private schools to constitute school-level fee-regulation committees (SLFRCs) for the upcoming academic session.

A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia said during the pendency of the petitions challenging the Government decision, the constitution of the SLFRCs shall remain in abeyance, and the schools shall be entitled to collect the same fees for the academic year 2026-2027 as they did the previous academic year. Any exorbitant fees, the bench added, shall be regulated in accordance with law.

The bench passed the order on pleas moved by several school associations seeking a stay on a February 1 notification of the Delhi government that asked the schools to set up the SLFRCs within 10 days.

The petitioners include the Delhi Public School Society, Action Committee Unaided Recognised Private Schools, the Forum of Minority Schools, Forum for Promotion of Quality Education for All, Rohini Educational Society and the Association of Public Schools. The court said the fees for the upcoming session are unlikely to be fixed for each of the schools prior to April 1 in terms of the timelines provided in the February 1 notification.

It added that the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, however, provides that the schools can collect the fee of the previous academic year until the fee is fixed or approved under the provisions of the act, and therefore, no prejudice will be caused if the notification is put in abeyance at this stage.

The court said no irreparable loss would be caused to the students if the notification is stayed, as any fees levied during the pendency of the matter would be subject to the outcome of the petitions, and schools would be liable to refund any excess amount.

“It would be expedient to defer the constitution of the SLFRC during the pendency of the petitions, which will be hard finally on March 12,” the court opined.

Seeking a stay, the schools claimed that the notification is legally unsustainable as it changes the timelines prescribed in the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act for the constitution of the SLFRCs.

The Government, however, argued that the “dates” given in the Act are neither “sacrosanct” nor do they form part of its “basic structure”, and therefore, “slight tinkering” with such timelines as a special one-time measure would survive judicial scrutiny. The Government asserted that the Act is meant to prevent commercialisation and profiteering by schools and that the notification stands to cause no irreparable loss to the schools.

In the 34-page judgment, the court said the timelines contemplated under the notification are prima facie “unworkable” in view of the time needed to hear the pleas.

It further said that if an SLFRC is not able to arrive at a unanimous agreement, the school management has to refer the matter to the District Fee Appellate Committee for a decision within 15 days in accordance with the Act, but the notification does not contemplate a revised timeline for reference to the appellate committee. “It is premature to presume that the SLFRC constituted by each of the schools shall be able to approve the proposed fee unanimously,” the court said.

“In case any of the SLFRCs is unable to approve the proposed fee unanimously, the next step is to refer the matter to the District Fee Appellate Committee. However, the notification does not provide for the revised timeline for reference to the District Fee Appellate Committee.

At the same time, the Act permits the schools to collect the fee of the previous academic year during the pendency of the reference before the District Fee Appellate Committee,” it added.

Ashish Sood hails court’s stay on fee hikes until March 12

New Delhi: In a landmark victory for the common man, Education Minister Ashish Sood on Saturday declared the Delhi High Court’s latest order is a “testament to the strong political will” of the Government.

Sood hailed the court’s decision to stay fee hikes until March 12 as a definitive shield for the people of Delhi against the exploitative “fee-mafia.” Reacting to the court’s stay on fee increments, Sood stated that this is not just a legal win, it is a victory of the strong political will of this Government.

“For years, the parents of Delhi were left at the mercy of arbitrary hikes. Today, the law has stood by jurisprudence. Our department fought this case with tooth and nail, and the results are here for everyone to see. Until the SLFRC is constituted after the March 12 hearing, no increased fee shall be applicable,” the Delhi Education Minister said.

Sood also highlighted that this order marks the collapse of a deep-rooted nexus. “This order is the final blow to the nexus of the Aam Aadmi Party (AAP), certain vested-interest NGOs, and private school managements. For too long, they operated in the shadows to stall reforms. This victory belongs to the parents of Delhi and Delhi ki Janta, who have finally been liberated from this exploitative alliance,” he said in a statement.