The Delhi government has granted a 10-day extension for private schools to form fee regulation committees and submit proposals for fee hikes. This concession comes in response to a series of petitions filed in the Delhi High Court challenging the constitutional validity of the newly enacted Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025.
Court Hearing Leads to Deadline Extension
During a hearing on Thursday, the Delhi government's education department agreed to extend crucial deadlines. The hearing was before a division bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia. Additional Solicitor General S V Raju, representing the Directorate of Education (DoE), submitted that the deadline for constituting the School-Level Fee Regulation Committee (SLFRC) would be extended from January 10 to January 20.
Furthermore, the last date for school managements to submit their proposed fee hike to the SLFRC has been pushed from January 25 to February 5. The bench has issued a notice to the DoE and the Delhi Lieutenant Governor, seeking their formal responses to the petitions. However, the court refused to put an immediate stay on the DoE's December 24 order that outlined the committee's formation and functioning.
Schools Mount Legal Challenge Against New Law
The petitions, including one from the Action Committee of Unaided Recognised Private Schools representing over 800 institutions, challenge the very foundation of the 2025 Act. The schools argue that the Delhi government lacks the legislative competence to enact such a fee regulation law. Their contention is based on education being a subject on the Concurrent List, with the existing Delhi School Education Act of 1973 already being a parliamentary legislation.
Senior advocate Mukul Rohatgi, representing the school association, argued in court that the new law is a "result of populism" and was enacted without proper application of mind. The petition describes the legislation as "malafide, biased, arbitrary and malicious in nature." The schools are specifically challenging the DoE's December 24 order that directed the constitution and functioning of the SLFRC for the 2025-26 academic year.
Background of the Fee Regulation Act
The Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025, came into effect on December 10. A central provision of this law is the establishment of a three-tier committee structure designed to audit and regulate proposed fee increases. This legislation was introduced after years of disputes and complaints from parent associations regarding arbitrary fee hikes imposed by private schools in the national capital.
The court has scheduled the next hearing in this significant case for March 12. The outcome will have major implications for the autonomy of private schools and the government's role in regulating fee structures to ensure transparency and affordability for parents.
