Delhi private school fee regulation won't apply this year: Supreme Court asks HC to decide validity

The Supreme Court today recorded the Delhi government’s statement that the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025 will not be implemented in the current academic year 2025-26, and disposed of all petitions challenging the law.

Additional Solicitor General SV Raju, appearing for the Delhi government, informed the court that the new Delhi fee regulation law for private schools issued in December 2025, would be implemented from the upcoming year, and not for the ongoing academic session.

A bench of Justice PS Narasimha and Justice Alok Aradhe said that in view of the clarification by the ASG, the new Act will not be implemented from 2025-26. All questions on the validity of the law have been kept open to be raised before the Delhi High Court.

“When the matter came before us, our concern was the hurry in implementation. We would have set that aside. But they said that we will do it from next year. To that extent, our interference at this stage is over,” the top court observed.

Delhi HC to decide validity of new fee regulation

The apex court requested the Delhi High Court to expedite the pending proceedings, observing that all substantive questions, including the scope and applicability of the law, will be decided by the high court.

The order also clarified that the fees charged by private unaided schools in 2025-26 will remain subject to the outcome of the cases pending before the high court.

The petitions before the Supreme Court were filed by more than 800 private unaided recognised schools after the Delhi High Court refused to grant relief against the implementation of the Act. They argued that the government cannot enforce the new fee regulation mid-academic year without following adequate procedures.

During the first hearing, the top court backed the law, and also raised concerns over the “hurried implementation” of the law by the Delhi government. Following this, the Delhi government issued an “order for removal of difficulties” to address concerns around retrospective enforcement of the new fee regulation law.