"We are in favour...", Supreme Court on Delhi govt's law capping private school fees
Supreme Court has clarified that it would decide only on the point of retrospective application of the law.
The Supreme Court yesterday observed that it was in favour of the he Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025, introduced by the Delhi government.
Noting that the fees charged by private schools was very high, a bench of Justices PS Narasimha and Alok Aradhe said, "We are completely in favour of the legislation… this is not the final word or anything, but what we are saying is, in a hurry you may end up not properly constituting the committees..".
One of the provisions under the law mandates a three-tier committee structure to audit fee hikes. This has been introduced after years of friction between parent associations and private schools over arbitrary charges.
The Supreme Court is hearing appeals filed by the school managements, against the Delhi High Court refusal to stay the legislation, its rules, and the December 24, 2025 circular directing the schools to set up a School Level Fee Regulation Committee (SLFRC) by January 10 and submit fee proposals by January 25.
Delhi High Court had on January 8, 2026 issued notice on petitions challenging the constitutional validity of the Act and the circular. It also extended the time for constituting SLFRC’s for the academic year 2025–26 till January 20 and the deadline for fee proposals till February 5.
yesterday, Delhi government told Supreme Court that the law has been implemented from this year. To this Justice Narasimha said, “This year has already started.The approval should have been done by July. What is the over anxiety here?”
Justice Narasimha further observed that the move will be unviable. "It’s a very ideal Act, done for a very good purpose. Implement it in a proper way. The Act is talking about next year. You are saying that you will start from this year retrospectively”, the judge added.
Senior Advocate Mukul Rohatgi, appearing for the school managements, has told court the Act is repugnant to the Delhi School Education Act, 1973. He further stated that the implementation for the current academic year was flawed.
Appearing for the Directorate of Education, Additional Solicitor General S V Raju said the timelines were extended on the request made by the schools before the High Court.
Case Title – Rohini Educational Society vs. Directorate of Education