Private schools can’t collect unregulated fee from April 1: Delhi government to HC

The Delhi government told the High Court on Friday (February 20, 2026) that private schools cannot collect fees from April 1 for the new academic session, unless it is determined and approved in accordance with the new fee-regulation law.

Opposing pleas moved by several schools’ associations seeking a stay on the government mandate to constitute school-level fee regulation committees (SLFRCs) for the upcoming academic year, Additional Solicitor General S.V. Raju said the consequences would be “disastrous” and no prejudice would be caused to the schools at this stage by forming such a panel.

A bench of Chief Justice D.K. Upadhyaya and Justice Tejas Karia was hearing the petitions filed by the schools’ associations challenging the February 1 notification of the government on setting up the committees within 10 days.

“My case is that schools cannot charge anything other than the approved fee under the Act [Delhi School Education (Transparency in Fixation and Regulation of Fees) Act]. They cannot collect from April 1 because the Act prohibits it.

“The Act prohibited for the earlier year also, but it has somehow been kept in abeyance. From April 1, 2026, if they want to collect fees, which is unregulated, they cannot do it,” the senior law officer said on behalf of the Delhi government.

“Giving a proposal for fees is allowed (in the Act) prior to the start of the academic year. No prejudice will be caused,” he added.

Mr. Raju defended the February 1 notification — the Removal of Difficulties Order — and said the process to determine school fees started “earlier” than prescribed so that the fee is determined before the new academic session, in accordance with the new law.

The order, he said, was in the interest of schools, students and parents.

The court listed the matter for hearing on February 24 and also extended till then the February-10 deadline set by the Delhi government for private schools to form the SLFRCs.

The court asked the senior counsel appearing for the Action Committee Unaided Recognised Private Schools to explain why they did not want to set up the SLFRCs.

Senior advocate Akhil Sibal said the February 1 notification is legally unsustainable as it changes the timeline prescribed in the Act.

He said under the Act, the process has to begin in July of the preceding academic year and accused the government of “rushing”.

The power to fix the fee has been given to someone else and it was “practically impossible” to conclude the process for the upcoming academic session as the law required a unanimous decision on the SLFRCs, he added.

The court indicated that it would pass an order on the issue of stay of the notification on the next date of hearing.

In its response filed to the petitions, the Directorate of Education has said if the Act is not allowed to be implemented from April 1, it will defeat its objective — to prevent profiteering and have regulated fees from the beginning of the academic year 2026-27.

“If section 3 of the Act is interpreted to mean that in the absence of determination of fee, the school may charge such fee as it deems fit, it would enable schools to indulge in the very act of exploitative commercialisation and profiteering,” the response has said.

“In view of all the aforesaid difficulties that the impugned Removal of Difficulties Order dated February 1, 2026, was issued to provide for a special one-time measure for the block of three academic years starting from 2026-27,” it has added.

On February 1, the city government issued a gazette notification to “smoothen” the implementation of the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, after the Supreme Court raised questions over its new fee-fixation law.

According to the notification, every school was directed to constitute an SLFRC within 10 days of the publication of the order.

The notification further said that the school managements must submit details of the proposed fee structure for the next block of three academic years starting from 2026-27 within 14 days of forming the SLFRCs, after which the committees will proceed to fix the fees according to the provisions of the Act.