Kamal Ghorui
In a significant move for private schools and parents in the national capital, the Delhi High Court has stayed the February 1 notification issued by the Delhi government making it mandatory to form the School Level Fee Regulation Committees (SLFRCs). The High Court has directed the notification to remain in abeyance until the case is finally adjudicated upon, effectively allowing schools to charge the existing rate for the upcoming academic year.According to ANI, the interim relief was granted by a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.Notification put on hold till final decisionAs reported by ANI, the February 1 gazette notification required private unaided schools in Delhi to constitute SLFRCs within 10 days and submit proposed fee structures for the next three academic sessions within 14 days thereafter.However, the High Court has now ordered that the notification shall remain in abeyance pending final disposal of the petitions challenging it. The Bench observed that deferring the constitution of SLFRCs would be appropriate while the matter is under consideration. Consequently, clauses 3(1) and 3(2) of the notification have been kept in abeyance.The petitions are scheduled for final hearing on March 12, 2026.Status quo on fees for academic year 2026–27While providing interim relief to schools and parents, the court held that for the academic year 2026–27, schools can levied the same fees as the previous year. This is subject to the final outcome of this case, as held by the Bench. This order is a temporary relief for private schools who had expressed their concern over the feasibility and legal implications of adhering to the timelines as specified in the government’s notification.Why school associations moved courtSchool associations, including the Delhi Public School Society and the Action Committee of Unaided Recognised Private Schools, challenged the notification before the High Court.As per ANI, the petitioners argued that the February 1 notification altered timelines laid down under the Delhi School Education Act and Rules, rendering it legally untenable. They contended that statutory timelines could not be modified through an executive notification.On Friday, the High Court had reserved its order on interim relief after hearing detailed submissions from both sides.Government defends move to regulate feesRepresenting the Delhi government, Additional Solicitor General SV Raju argued that the timelines under the Act were not inflexible and could be reasonably adjusted. He maintained that the broader objective of the legislation was to prevent commercialisation and profiteering in education.According to ANI, the government also submitted that delaying implementation of the Act could lead to unregulated fee hikes, adversely affecting students and parents.Earlier, on February 9, the High Court had extended the initial February 10 deadline for the formation of the committees. The Directorate of Education had contended that the implementation of the Act from April 1 was necessary for effective regulation of fees and checking exploitative tendencies.With the interim stay granted, the attention is now on the final hearing scheduled for March, which will lay the path for the regulation of fees by private schools in the capital.
