The petition by the minority schools argued that the mandated constitution of the fee regulation panels violate their right to establish and administer educational institutions.

The petition by the minority schools argued that the mandated constitution of the fee regulation panels violate their right to establish and administer educational institutions.
| Photo Credit: FILE PHOTO

The Delhi High Court on Friday asked the Delhi government’s Directorate of Education (DoE) and the Lieutenant-Governor to respond to a batch of pleas by several minority schools challenging the constitutional validity of a law mandating government approval for fee hikes.

A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia asked the authorities to submit their replies within six weeks while posting the matter for further hearing on March 12.

The petitions challenge the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025, and its subsequent rules.

The new Act mandates that all fee hikes in private schools must be approved through a transparent, three-tier committee system involving parents, school management and government representatives.

‘Violates Article 30 (1)’

The petitioners’ counsel contended that the composition of committees entrusted with the right of administration cannot be dictated by the State. The plea added the statutory committees touching the administration of minority institutions cannot have any outsider in it as it would violate Article 30 (right of minorities to establish and administer educational institutions) of the Constitution.

“Petitioner schools have the fundamental right under Article 30 (1) of the Constitution to establish and administer the educational institution in question and that the same cannot be taken away by any legislation… No prior permission of the State can be insisted for the exercise of right under Article 30 (1) of the Constitution,” the petition said.

On Thursday, the court passed a similar order on a batch of petitions filed by several private schools.


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