Commercialisation of Education: Delhi HC Issues Notice on Plea Over Costly Private School Books

The Delhi High Court on Wednesday, August 27, 2025, issued notice on a petition alleging that private schools are commercialising education and systematically excluding students from the Economically Weaker Section (EWS) by forcing them to buy costly books from private publishers.

A division bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela sought responses from the Delhi government, NCERT and CBSE.

The plea, filed by Jasmit Singh Sahni through advocate Satyam Singh Rajput, says that despite repeated directions from the Ministry of Education, CBSE and the School Bag Policy 2020, many schools continue to prescribe private publisher books that cost up to Rs 12,000 a year, even though NCERT books are available for under Rs 700.

“This widespread practice not only violates CBSE bye-laws and RTE Rules but also excludes children admitted under Section 12(1)(c) of the RTE Act who cannot afford these materials, thereby defeating the very objective of inclusive education,” the plea states.

While acknowledging that NCERT books sometimes face shortages, the petitioner suggests that private schools should be allowed to use books from other publishers only under a “Fixed Rate–Fixed Weight” system. This framework would cap the maximum retail price and weight of books, based on objective standards like page count, GSM quality and conformity with national curriculum frameworks.

According to the plea, such a system would protect students and parents from commercial exploitation while still giving schools limited flexibility where genuinely necessary.

It further argues that unregulated pricing directly undermines Section 12(1)(c) of the Right to Education (RTE) Act, which places a binding duty on private unaided schools to provide free and compulsory elementary education to children from weaker and disadvantaged sections.

"Despite these mandates, the absence of enforcement has allowed a systemic culture of profiteering and exclusion to flourish. This directly undermines the legislative intent of the RTE Act and constitutes an unconstitutional barrier toaccess for children from weaker and disadvantaged sections," the plea before the high court has submits.

The PIL, therefore, urges the court to direct authorities to prioritise the use of NCERT textbooks and, in cases of genuine shortages, allow private publisher books only under a regulated ‘Fixed Rate–Fixed Weight’ system to cap costs and weight.

It further seeks protection of EWS students’ rights under Section 12(1)(c) of the RTE Act by removing indirect financial barriers, and enforcement of children’s constitutional rights to free, equitable and child-friendly education.

"Protect the rights of EWS students under Section 12(1)(c) of the RTE Act by eliminating indirect financial barriers; and curb the ongoing violations of children’s rights to free, equitable, and child-friendly education, health, and dignity as guaranteed under Articles 14, 21, and 21A of the Constitution of India," the plea adds.

Case Title: JASMIT SINGH SAHNI VERSUS. UNION OF INDIA AND ORS

Hearing Date: August 27, 2025

Bench: Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela