The Supreme Court has given interim relief to the Delhi government in the ongoing dispute over its notification on regulating fees in private schools. The court said there was no immediate need for its intervention after the Delhi government clarified that the new fee-fixing mechanism will not be implemented in the current academic year.
The matter was heard by Justice PS Narasimha, who noted that the court’s initial concern was about the haste shown in framing and implementing the notification. However, Additional Solicitor General SV Raju informed the court that the Delhi government had issued the notification in December only to form a committee for fee determination, and that it would not apply to the ongoing academic session.
Taking this clarification on record, the Supreme Court observed that there was no urgency requiring its interference at this stage.
WHAT THE SUPREME COURT SAID
Justice Narasimha said the court’s concern earlier was not about the intent of the regulation, but about the speed at which it was being pushed through. Since the government assured that the notification would not impact the current academic year, the court felt there was no reason to continue hearing the matter.
At the same time, the Supreme Court made it clear that all legal issues related to the notification can still be raised before the Delhi High Court. The bench left that option fully open for all stakeholders.
WHY PRIVATE SCHOOLS MOVED COURT
The case stems from petitions filed by private schools challenging a Delhi government notification related to fee regulation. The notification asked for the formation of a fee-determination committee in private schools.
As per the new rule, the committee would include representatives of the school management, the Delhi government, and parents. The idea was to bring transparency and stakeholder participation into the process of deciding school fees.
Private schools argued that this amounted to excessive interference in their internal functioning and could impact their financial autonomy.
WHAT HAPPENED IN THE HIGH COURT
Before approaching the Supreme Court, private schools had moved the Delhi High Court, seeking a stay on the notification. However, the High Court refused to put the notification on hold.
Following this setback, the schools approached the Supreme Court, which has now effectively paused the dispute by noting that the rules will not be enforced this academic year.
HOW THIS LINKS TO DELHI’S FEE CONTROL ACT
The controversy is closely linked to the Delhi School Education (Fee Regulation) framework, often referred to as the school fee control mechanism. Delhi has long attempted to regulate private school fees to prevent arbitrary hikes, especially after repeated complaints from parents.
Under existing norms, schools are expected to justify fee increases based on expenditure and surplus limits. However, enforcement has often been criticised as weak, delayed, or inconsistent.
The new notification was seen as an attempt to strengthen this framework by institutionalising fee committees with parental representation—something parent groups have been demanding for years.
Private schools, on the other hand, argue that fee regulation already exists under law and that additional committees create confusion and overregulation.
WHAT HAPPENS NEXT
With the Supreme Court stepping back for now, the legal battle is likely to shift back to the Delhi High Court. The key questions—how much control the government can exercise over private school fees, and how parent representation should work—are still unresolved.
For parents, the relief is limited. While the new mechanism will not apply this year, the larger issue of fee transparency and accountability remains very much alive.
– Ends
Published On:
Feb 2, 2026
