New Delhi: Delhi High Court on Saturday deferred the implementation of Delhi govt’s mandate to private schools to set up a school-level fee regulation committee (SLFRC) for the upcoming academic session, noting that the “timelines” appeared to be “unworkable”. However, schools can’t also hike fees during the hearing of petitions filed by several associations challenging the govt decision, the court pointed out.A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia clarified that schools would be entitled to collect the same fee for the academic year 2026-27 as they did in the previous academic year till the new fee was fixed/approved in terms of the provisions of Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025, and its rules. Any exorbitant fees, the court made it clear, will be regulated as per the law.“It would be expedient to defer the constitution of SLFRC during the pendency of the petitions, which are scheduled to be heard finally on 12.03.2026. Accordingly, it is directed that during the pendency of the present petitions, the operation and implementation of the notification shall remain in abeyance and the petitioners shall be entitled to collect the same fees for the academic year 2026-27,” the court said.“Prima facie, it appears to us that the timelines as contemplated under the notification are unworkable as, if SLFRC is constituted as per the notification, it will not be possible to complete the process of approval of fee by 27.03.2026,” bench pointed out, elaborating why it is deferred. “In any event, the timelines provide that SLFRC constituted for each of the schools shall approve the fee proposed by the management by unanimous agreement of its members,” the court said, adding that it would be “premature” to presume that every SLFRC would able to decide unanimously. “In case any of the SLFRCs is unable to approve the proposed fee unanimously, the next step is to refer the matter to the district fee appellate committee.” However, the notification does not provide for the revised timeline for reference to the district committee, and at the same time, the Act permits the schools to collect the fee of the previous academic year during the pendency of the reference.It said since the fee was unlikely to be fixed for each of the schools prior to the provided timeline of April 1 and the Act provided that schools could collect the fee of the previous academic year until the fee was fixed/approved, no prejudice would be caused if the notification was put in abeyance until the petitions were decided by the court.The bench added that no “irreparable loss will be caused to the students” if the Feb 1 notification was stayed as any fees levied would be subject to the outcome of these petitions and the schools would be liable to refund/adjust the fees in case the same was charged in excess of the fees that was ultimately fixed/approved in terms of the Act.The court passed the directive on the petitions by several school associations seeking a stay on the Feb 1 notification by Delhi govt that asked the schools to set up the committee within 10 days. Govt had asserted that the Act was meant to prevent commercialisation and profiteering by schools, and the notification stood to cause no irreparable loss to the schools.
