Delhi High Court Halts Implementation of School Fee Regulation Committee Mandate
The Delhi High Court has issued a significant ruling, deferring the implementation of the Delhi government's mandate requiring private schools to establish School-Level Fee Regulation Committees (SLFRCs) for the upcoming academic session. The court noted that the prescribed timelines appeared to be "unworkable," leading to this temporary suspension.
Court's Directive on Fee Collection and Committee Formation
A bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia clarified that schools are entitled to collect the same fees for the academic year 2026-27 as they did in the previous year until new fees are fixed or approved under the provisions of the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025, and its associated rules. The court emphasized that any exorbitant fees will be regulated in accordance with the law.
The bench stated, "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."
Reasons for Deferral: Unworkable Timelines and Procedural Concerns
The court elaborated on its decision, pointing out that the timelines outlined in the notification were impractical. "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," the bench noted.
Furthermore, the court highlighted procedural uncertainties. "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 assume every SLFRC could reach a unanimous decision. In cases where unanimity is not achieved, the matter must be referred to the district fee appellate committee, but the notification lacks revised timelines for such referrals.
Impact on Students and Schools
The bench assured that no prejudice would be caused by putting the notification in abeyance. Since fees are unlikely to be fixed before the April 1 deadline and the Act allows schools to collect previous year's fees until new fees are approved, the stay does not harm stakeholders. The court added, "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."
Background and Petitions
The court's directive came in response to petitions filed by several school associations seeking a stay on the February 1 notification issued by the Delhi government. This notification required schools to set up SLFRCs within 10 days. The government had defended the mandate, asserting that the Act aims to prevent commercialisation and profiteering by schools and argued that the notification would not cause irreparable loss to educational institutions.
The petitions challenge the government's decision, and the court has scheduled a final hearing for March 12, 2026. Until then, the implementation of the SLFRC mandate remains suspended, providing temporary relief to private schools while ensuring fee stability for parents and students.
