Over 800 Delhi private schools move HC against new fee regulation law, govt's power to fix fees

The association of more than 800 private unaided recognised schools in Delhi has approached the High Court challenging the new fee regulations published by the Directorate of Education (DoE) last month. Under the new rule, private schools can only charge the fees approved by the Delhi government.

The Action Committee of Unaided Recognised Private Schools has sought to have the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025, declared “unconstitutional and void”.

The association argued that the Delhi government did not have the legal authority to regulate school fees for private unaided schools as the field is already governed under the Delhi School Education Act, 1973 and Rules (DSEAR).

The city schools contended that the new rules violated the 1973 law and removed the decision-making authority from the school managements – a move contrary to the existing law.

Citing Supreme Court judgments, including the TMA Pai Foundation case, the petition said private unaided schools have a constitutional right to autonomy, including the right to fix a reasonable fee structure.

The association further alleged that the 2025 Delhi private school fee legislation was launched in “a populist and arbitrary manner, without adequate application of mind”.

The legislation capped the registration fees at Rs 25, admission charges at Rs 200 and caution money at Rs 500. The rule says any amount collected or demanded by private schools that is not explicitly approved under these rules will be defined as “unjustified fee demand”.

The petitioners further argued that the Delhi government’s order dated December 24 attempted to enforce and implement the new law “overnight” through executive instructions, even though such implementation is not supported by the statute. This move will affect the functioning, financial planning, and governance of more than 800 private unaided schools across the national capital, the petitioners said.

The matter is pending before the Delhi High Court.