Private schools’ group in city challenges Delhi Education Act

Petition contends that the law establishes an “invasive mechanism,” including a mandatory School Level Fee Regulation Committee, and grants excessive discretionary power to Director of Education.

A group of private schools in Delhi has filed a writ petition in the Delhi High Court challenging the constitutionality of the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025.

A parent organisation named “Justice for All” has also challenged the Act, arguing it is inconsistent with the 1973 law.

The Public Schools on Private Land Society, in its petition, argued that the Act and its implementing rules violate the administrative and financial autonomy of private unaided institutions. The petition contends that the law establishes an “invasive and bureaucratic mechanism,” including a mandatory School Level Fee Regulation Committee, and grants excessive discretionary power to the Director of Education.

The society alleged that the Act “infringes on constitutional rights”, including equality before law (Article 14) and the freedoms to form associations and practice any profession (Articles 19(1)(c) and 19(1)(g)). It also alleges the new law conflicts with its parent legislation, the Delhi School Education Act, 1973.

The matter is likely to be listed on January 7.

In a separate petition filed the same day, a parent organisation named “Justice for All” has also challenged the Act, arguing it is inconsistent with the 1973 law.

The fee regulation Act was passed in August 2025 to address parental concerns over rising school fees. Rules were notified on December 10, and the Directorate of Education (DoE) directed all private unaided schools to form fee committees by January 10. The court challenge arrives just days before this deadline, as the law begins implementation.

Delhi education minister Ashish Sood said schools have democratic right to go to court if they feel aggrieved, but insisted that the government will “stand by the interest of parents”. “We have made a law that is well researched and well articulated. We will continue to fight for the interests of common man and parents. Schools have democratic right to go to court, we will not come in between that,” he said.

DoE did not respond to HT’s requests for comment.