Private unaided schools in Delhi have taken their fight against new state government fee regulations to the Supreme Court. They are seeking an immediate stay on the implementation of provisions under the Delhi School Education Act, 2025.
Schools Challenge Committee Composition
The Action Committee of Unaided, Recognised, Private Schools (ACURPS) filed the urgent plea. They argue that forming school committees with majority parents and teachers creates inevitable conflicts. School managements would face constant confrontation with these interested parties. Management decisions would depend entirely on the whims of this new body.
High Court Decision Prompts Supreme Court Appeal
This move comes after the Delhi High Court recently refused to stay the government notification. The court only extended deadlines for forming school-level committees. Private schools claim the High Court ignored their key objections against the fee rule. They say the court refused to recognize how the new state rules contradict existing central legislation.
Conflict Between State and Central Laws
The schools highlight a fundamental conflict between two legal frameworks. The central Delhi School Education Act and Rules of 1973 grant primary authority to School Management Committees. These committees include 21 members with specific representation:
- Two parents
- One teacher
- Four nominees from the Department of Education
These committees function democratically through majority decisions. However, the new Delhi fee law creates a different structure. It establishes committees with five parents, three teachers, one principal, and one management member. Crucially, these committees must reach unanimous decisions rather than democratic majority votes.
Schools Argue New Rules Undermine Management Authority
The petition makes several critical arguments against the new regulations:
- No prior approval requirement exists under current law for fee decisions at the start of academic years
- Fee determinations by School Management Committees should not require parent-teacher association approval
- The state legislation fundamentally shifts power from school managements to parent-teacher dominated bodies
The schools contend the new rules completely reverse existing legal principles. Instead of management-led fee decisions, power now rests with committees where parents and teachers hold majority positions. This represents a direct conflict with the 1973 central legislation according to the schools.
Legal Precedents Cited
The petition references previous Supreme Court and Delhi High Court rulings. It argues the new state legislation contradicts established legal principles. By requiring prior approval for fee increases and vesting veto power in parent-teacher committees, the state has created rules fundamentally opposed to the central act.
The Supreme Court is expected to examine this appeal within the coming week or next. The outcome could significantly impact how private schools in Delhi determine their fee structures and manage their financial operations.
