In a remarkable legal twist, the Delhi High Court witnessed a surprising shift on Thursday as a team of lawyers typically seen representing the Enforcement Directorate (ED) appeared to defend a different government body. The Delhi government deployed the central government's senior law officers, usually counsel for the ED, to justify the Directorate of Education's new law regulating fees in private schools.
Unusual Legal Representation in Fee Regulation Case
The courtroom scene was unusual because Additional Solicitor General SV Raju and advocate Zoheb Hossain, both constant presences in high-profile ED cases, were now arguing for the Directorate of Education (DoE). They were defending the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025, and its subsequent rules. This strategic move by the Delhi government came after more than 10 petitions were filed in quick succession against the legislation.
Government sources indicated that anticipating a strong legal challenge from the petitioners, who had hired a battery of senior lawyers, it was deemed necessary for the DoE to be represented by similar legal heavyweights. The petitioners include major educational bodies like the Delhi Public School Society, the Association of Public Schools, and the Action Committee for Unaided Recognised Private Schools.
The Core of the Legal Dispute
The dispute centers on a notification issued by the DoE on December 24, which mandates every private school to constitute a fee regulation committee starting from the academic session 2025-26. In court, ASG SV Raju presented arguments justifying the Act and its rules. While agreeing to an extended deadline for compliance, he defended the law's intent. Advocate Zoheb Hossain accepted the court notice formally on behalf of the DoE.
Representing the Action Committee for Unaided Recognised Private Schools, former Attorney General Mukul Rohatgi pressed for a stay on the implementation of the rules, setting the stage for a significant legal contest.
Strategic Shift and Broader Implications
The deployment of Raju and Hossain is notable given their extensive history in representing the ED in special courts, the High Court, and the Supreme Court, including in cases involving former Delhi Chief Minister Arvind Kejriwal and his deputy Manish Sisodia. Their appearance for the Education Directorate marks a strategic crossover in legal representation, highlighting the importance the government places on this case.
This legal battle is poised to have far-reaching consequences for private school education in the national capital. The outcome will determine the enforceability of the 2025 Act, which aims to bring greater transparency and regulation to the fee structures of private institutions, a long-standing concern for parents and authorities alike.
