Delhi’s private unaided schools, numbering around 900 institutions, have taken their fight against new fee regulation rules to the Supreme Court. This challenge comes after the Delhi High Court on January 8 refused to halt the implementation of a government order mandating parent-led panels for fee approvals.
The Action Committee of Unaided Recognised Private Schools filed a Special Leave Petition (SLP). This petition targets an interim order from a Delhi High Court division bench, which declined to grant relief against the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025.
The legal dispute began when the Delhi government, in December , officially notified the Delhi school fee fixation rules for private unaided schools. These new regulations introduced a mandatory School-Level Fee Regulation Committee (SLFRC) for each institution.
New Fee Regulation Framework
Under the 2025 Act, the SLFRC is structured to include significant parental representation. The committee’s composition is:
- 5 parents
- 3 teachers
- 1 government observer
- 1 Principal (representing school management)
- 1 member of school management
This committee holds the power to approve or reject fee proposals. Critically, the new rules stipulate that decisions regarding fee increases must be unanimous. Schools are required to constitute these committees and submit their proposed fees. Failure to comply can result in punitive action against the institutions.
Schools Challenge Constitutionality and Conflict
In their SLP, the private schools contend the Delhi High Court erred by not granting interim protection. They argue there is an “irreconcilable conflict” between the Delhi government’s 2025 fee regulation law and the existing Delhi School Education Act and Rules, 1973. Schools maintain the 1973 Act already effectively governs fee structures for private institutions in the capital.
The petitioners also specifically challenged a December 24 order from the Directorate of Education (DoE). They claim this order attempts to enforce the new rules for an academic year already underway and nearing completion, creating undue disruption.
Contrasting Fee Approval Mechanisms
Current central legislation allows private schools to collect fees determined by their School Management Committee (SMC). The SMC is a 21-member body that includes 2 parents, 1 teacher, and 4 DoE nominees. Under this existing framework, schools do not require prior government permission before fixing or increasing fees at the start of an academic year.
The schools argue the new state legislation directly undermines and renders “meaningless” the fee-fixing authority of the SMC under the Central Act. They highlight that the 2025 Act subjects all fees to the approval of the SLFRC, a body dominated by parents and teachers, which demands unanimous consent rather than a democratic majority vote.
This shift, according to the schools, fundamentally alters their operational autonomy. The existing order does not require prior permission for fee changes, while the new rules mandate both prior approval and delegate this power to a parent-dominated body.
Grounds for Supreme Court Appeal
The SLP specifically requests a stay order on the implementation of the 2025 Act. The schools assert the Act is “wholly unconstitutional,” “without jurisdiction,” and “repugnant to the Central Legislation.” Furthermore, they claim it violates Articles 239AA and 254 of the Constitution of India, thereby infringing upon the fundamental rights of Private Unaided Schools.
Impact and Next Steps
The Supreme Court’s decision will have significant implications for both private school management and parents in Delhi. It will determine the extent of governmental and parental control over school fee structures. The court’s proceedings will now dictate the future regulatory landscape for private education in the capital.