Delhi school body aks HC to stay DoE’s 3-yr fee fixing notification

The Action Committee of Private Schools urged the Delhi High Court to stay a fee regulation notification, claiming it contradicts the 2025 fee law.

New Delhi

On February 9, the high court directed the DoE not to insist on the constitution of the SLFRC until February 20. This interim protection was subsequently extended on February 20 until February 24, and again on February 24 until February 25. (Representative photo)

The Action Committee of Unaided Private Schools, an umbrella body representing over 670 private and unaided schools, on Tuesday urged the Delhi High Court to stay a notification ordering advancement of forming school-level fee regulation committees (SLFRC) by February 10 to determine fees for three academic years starting 2026-27.

It contended that the notification, issued by the Directorate of Education (DoE) on February 1, is contrary to the provisions of the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025.

The committee’s counsel, Akhil Sibal, and advocate Kamal Gupta argued before a bench comprising chief justice DK Upadhyaya and justice Tejas Karia that the order contradicted the framework of the newly enacted fee regulation law, which requires completing the fee fixation process for the upcoming academic year (for instance, 2027-28) in the preceding academic year (2026-27).

“The discipline of the Act requires the entire act (of fixing fees) to be completed in the preceding academic year for the upcoming academic year. You cannot fix it for the academic year 2026-27, in 2026-27. It’s a complete misreading of the scheme of the act,” Sibal said.

Sibal’s submissions came in response to an affidavit filed by the DoE on February 16, defending its decision as a “one-time measure” to facilitate the implementation of a regulated fee structure for the academic session 2026–27 commencing on April 1.

In its affidavit, the DoE contended that it had originally proposed to implement the Act from the 2025-26 academic year, with the presumption that the regulated fees would also continue in the academic year 2026–27, until the SLFRC fixed the fees by the end of August 2026. However, the department later decided not to enforce the Act for 2025–26 and thus issued the February 1 notification to ensure that students would not face any harm or prejudice during the first quarter of the academic session, up to August 2026.

The submission was made in the pleas filed by Forum of Minority Schools, Action Committee of Unaided Recognised Private Schools, Delhi Public School Society, and Rohini Educational Society, among others, on the ground that the order was contrary to the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025 (Act), which calls for formation of such committees must be formed by July 15.

On February 9, the high court directed the DoE not to insist on the constitution of the SLFRC until February 20. This interim protection was subsequently extended on February 20 until February 24, and again on February 24 until February 25.

During Tuesday’s hearing, Sibal contended that it would be impracticable to implement the regulated fee structure for the 2026–27 academic session, with effect from April 1, due to limited time. He submitted that the Act required unanimity in the fixation of fees by the SLFRC and, in the absence of consensus, the Act requires the school’s management to refer the matter to the District Fee Appellate Committee, which would require an additional 45 days to determine the fees.

“It cannot happen by April 1... Today, the timelines are such that if the SLFRC does not decide, 45 days will be taken by the district appellate committee, and thus, now, the timeline cannot be adhered to,” Sibal submitted.

The matter will next be heard on February 25, when Sibal is expected to continue with his submissions.