A group of private schools in Delhi has approached the Delhi High Court to challenge the constitutionality of the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025. The law, which aims to regulate school fees and bring transparency in fee hikes, has sparked strong opposition from private unaided schools that say it interferes with their autonomy.
The petition has been filed by the Public Schools on Private Land Society, which represents several private schools in the national capital. The group argues that the new fee regulation law and its implementing rules violate the administrative and financial independence of private unaided educational institutions.
What the Schools Are Arguing
According to the petition, the Act creates what the schools describe as an “invasive and bureaucratic mechanism” to control how fees are decided. One of the major concerns raised is the mandatory formation of a School Level Fee Regulation Committee in every private unaided school. The petitioners claim that this requirement allows excessive government interference in internal school matters.
The schools have also objected to the powers given to the Director of Education (DoE). They argue that the Act grants the DoE wide discretionary authority, which could be misused and may lead to arbitrary decisions affecting school administration.
The petition further alleges that the Act infringes upon constitutional rights guaranteed under the Indian Constitution. These include the right to equality before the law under Article 14 and the freedoms to form associations and practice any profession under Articles 19(1)(c) and 19(1)(g).
In addition, the schools have claimed that the 2025 Act conflicts with its parent legislation, the Delhi School Education Act, 1973. According to them, any new law must remain consistent with the existing framework, and they argue that the fee regulation law fails this test.
The matter is expected to be listed for hearing in the Delhi High Court on January 7.
Parent Group Also Moves Court
Interestingly, the new law is also facing a legal challenge from the other side. On the same day, a parents’ organisation named Justice for All filed a separate petition against the Act. However, their argument is different.
The parents’ group has claimed that the fee regulation law is inconsistent with the 1973 Delhi School Education Act and does not go far enough to protect parents from arbitrary fee hikes. Their petition highlights the legal contradictions between the two laws and questions whether the new Act can be effectively implemented without amendments to the older legislation.
Why the Law Was Introduced
The Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025, was passed in August 2025 amid growing concerns from parents over frequent and steep fee increases by private schools. For several years, parents across Delhi have protested against what they describe as unjustified fee hikes, lack of transparency, and poor accountability.
To address these concerns, the Delhi government introduced the fee regulation law with the stated aim of bringing fairness and transparency to the fee-fixation process. The rules under the Act were notified on December 10, 2025.
Following this, the Directorate of Education directed all private unaided schools in Delhi to constitute fee regulation committees by January 10.
Government’s Stand
Delhi Education Minister Ashish Sood responded to the legal challenge by stating that schools have a democratic right to approach the courts if they feel aggrieved. However, he maintained that the government stands firmly with parents.
The minister said the law is well-researched and carefully drafted, and that the government will continue to fight for the interests of parents and the common public. According to him, the Act is meant to curb unreasonable fee hikes while ensuring transparency in the education system.
The Directorate of Education, however, did not respond to requests for comment from the media on the matter.
Final Take
With both private schools and a parents’ organisation challenging the Act, the Delhi High Court’s decision will be crucial in determining the future of school fee regulation in the capital. The case is likely to have a significant impact on parents, schools, and education policy in Delhi.
As the legal battle unfolds, the key question remains: how to balance parents’ concerns over rising school fees with private schools’ demand for autonomy. The court’s ruling may set an important precedent for education governance not just in Delhi, but across India.
