New Delhi: In a significant development for the capital's education sector, the much-anticipated law aimed at regulating fees in private schools will not come into effect during the upcoming 2025–26 academic year. The Delhi government officially communicated this decision to the Supreme Court on Monday, stating that the implementation of the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025, has been postponed until the next academic session.
Supreme Court Proceedings and Government Submission
During the hearing, Additional Solicitor-General SV Raju, representing the Delhi government, informed the court that the legal framework would not be enforced this academic year. A bench comprising Justices PS Narasimha and Alok Aradhe responded by noting, "Wisdom seems to have prevailed," and acknowledged the government's stance, which included issuing a formal notification to defer the fee rules.
The bench further remarked, "It was done in a hurry and we would have set it aside," highlighting concerns about the timing of the law's enforcement. The court disposed of the matter after recording the government's clarification, stating that no further orders were necessary since the legal regime would not be implemented from 2025–26.
Legal Challenges and Pending Petitions
The Supreme Court was hearing a batch of petitions related to the law's implementation, with both private schools and parents having raised legal objections. The court clarified that all questions regarding the act remain open and can be addressed in the Delhi High Court, where multiple petitions challenging the law and its subsequent rules are currently pending.
Last month, an association of private unaided schools approached the apex court after the Delhi High Court refused to stay the rules. In that order, the high court declined to halt the Directorate of Education's notification requiring private schools to establish fee regulation committees. However, it extended deadlines for setting up these committees and submitting proposed fee structures, providing some relief to schools.
Background and Implications of the Deferral
The law, notified in December last year, introduces comprehensive regulations on permissible fee heads, accounting practices, and limits on additional charges. It explicitly prohibits capitation fees and any collections beyond the approved statutory framework. The Supreme Court had previously questioned the Directorate of Education about enforcing the act mid-session, pointing out that such timing could create confusion and prove unworkable.
In its latest notification, while deferring implementation, the Directorate of Education has clarified that fees charged by schools from April 2025 cannot be increased until the new legal regime fixes fees for the three-year block starting from 2027. This deferral aims to allow for a smoother transition and address the logistical challenges highlighted during court proceedings.
During the hearing, counsels sought an urgent direction for the Delhi High Court to decide on pending matters, but the Supreme Court responded, "The high court is aware of it. There is no need to assume that the high court is unaware, and we are the only ones who are aware of it." This underscores the ongoing judicial scrutiny of the fee regulation framework, with stakeholders awaiting further clarity in the coming months.
