Delhi govt tells SC new school fee act won't apply for 2025-26 session

The Delhi government has informed the Supreme Court that the new fee regulation act for private schools will not be implemented for the 2025-26 academic year. The court noted the submission, which addressed its concerns about a rushed rollout.

The Delhi government on Monday informed the Supreme Court that the new legal-framework provided under the Delhi School Education (Transparency in Fixing and Regulation of Fees) Act, 2025 which has been brought to regulate the fee and prevent arbitrary fee hikes by private schools in Delhi, will not implemented in this academic year - 2025-2026.

A bench led by Justice P.S. Narasimha noted the submission made by the Delhi government through Additional Solicitor General (ASG) S.V. Raju and stated that the Court's concern was only with respect to the rushed implementation of the said regime, which has now been clarified by the Delhi government. However, it recorded that the Delhi government had taken a better course by clarifying that the Act would be implemented only from next year.

About the Delhi School Fee Regulation Act, 2025

The Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025, enacted in August 2025, lays down a statutory framework to regulate fees charged by private unaided schools in the national capital, with the aim of preventing arbitrary fee hikes.

The new legislation has introduced a two-tier approval process for any fee increase by private schools, requiring scrutiny first by a school-level committee and then by a district-level appellate body. It also mandates the formation of a School Level Fee Regulation Committee in every private school consisting of representatives of the school management, the principal, teachers, parents of children and a nominee of the Directorate of Education.

Petitioners' Challenge

The petitioners argued that the Delhi government is seeking to apply the 2025 Act to the 2025-26 academic year if it succeeds in the case pending before the Delhi High Court on the dispute. Petitioners represented by Senior Advocates Mukul Rohatgi and Shyam Diwan pointed out that school fees for the 2025-26 academic year had already been finalised in March-April 2025, while the Act came into force only in December 2025. Thus, it contended that the law could not be applied retrospectively to fees fixed under the earlier central legislation.

Supreme Court's Observation

The Court, after considering the submissions on behalf of the petitioners, was of the view that the petitioners could challenge the Delhi government's stance before the High Court as the apex courts' intervention was limited to hurried implementation of the regulation.

Earlier, the apex court had questioned the Delhi government on the rushed implementation of the law while acknowledging that it was enacted for a good purpose. (ANI)

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