HC Defers Delhi Govt Directive on Fee Panels as Schools Challenge Legal Validity

The Delhi High Court on Saturday deferred the implementation of the Delhi government’s February 1 notification directing private schools to constitute a School-Level Fee Regulation Committee (SLFRC) for the upcoming academic session.

A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia ordered that the constitution of the SLFRC shall remain in abeyance during the pendency of the petitions , which are scheduled for final hearing on March 12, 2026. The court further allowed schools to collect the same fees for the academic year 2026–27 as charged in the previous academic year, while clarifying that any exorbitant increase would be regulated in accordance with the law.

The order came on pleas filed by several associations, including 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 Association of Public Schools, seeking a stay on the notification.

Challenging the directive, the schools argued that the notification is legally unsustainable as it alters the timelines prescribed under the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act for constituting the SLFRC. They contended that an executive notification cannot override or modify statutory provisions enacted by the legislature.

The petitioners further alleged executive overreach , asserting that any change to timelines under the Act must be carried out through a legislative amendment and not through administrative action. They also claimed procedural impropriety, stating that mandating the formation of the committee within 10 days imposes an unreasonable burden and disrupts the mechanism envisaged under the Act.

The Delhi government, however, defended the notification, arguing that the dates mentioned in the Act were neither sacrosanct nor part of its basic structure. It maintained that limited adjustments as a one-time measure would withstand legal scrutiny. According to the government, the notification was issued to streamline implementation of the fee regulation law after the Supreme Court raised concerns over the new fee fixation framework.

The government emphasised that the Act seeks to prevent commercialisation and profiteering by schools and asserted that the notification would not cause irreparable harm.

The High Court’s interim order ensures status quo on fee collection until the matter is finally adjudicated.