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The Supreme Court of India on Monday questioned the Delhi government over the timing of enforcing a new law that regulates school fees in the national capital, noting that it was introduced after the academic session had already begun. A bench of Justice P S Narasimha and Justice Alok Aradhe said
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Supreme Court Questions Timing Of Delhi School Fee Law, Flags Mid-Session Issues
Supreme Court Questions Timing Of Delhi School Fee Law, Flags Mid-Session Issues
The Supreme Court of India on Monday questioned the Delhi government over the timing of enforcing a new law that regulates school fees in the national capital, noting that it was introduced after the academic session had already begun.
A bench of Justice P S Narasimha and Justice Alok Aradhe said the rollout of the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025 appeared “confused" and could prove difficult to implement mid-session.
The apex court was hearing petitions filed by associations of private unaided schools that have challenged both the Act and the rules framed under it.
Appearing for the schools, senior advocate Mukul Rohatgi argued that the manner in which the law was being enforced went against its own framework.
“We are completely in favour of the legislation, but its present form of implementation is unviable…You are forcing people overnight to get up and do it. It is an ideal Act enacted for a very good purpose, but it must be implemented in a proper way," the Bench observed while addressing Additional Solicitor General S V Raju, who appeared for the Delhi government's Directorate of Education.
The law requires any increase in school fees to be approved through a two-tier system. This includes a School Level Fee Regulation Committee and a district-level appellate authority. Under the rules, every private school must form a School Level Fee Regulation Committee comprising members of the school management, the principal, three teachers, five parents and one nominee from the Directorate of Education.
While the court made it clear that it was not inclined to stay the legislation at this stage, it stressed that the implementation must follow the timelines laid down in the law.
The court, however, directed that the matter be listed again on January 27, 2025 for further hearing.
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The Delhi government recently notified the Act, which sets out detailed norms on permissible fee components, accounting standards and limits on additional charges. It also bars capitation fees and any collection beyond what is approved under the law.
Earlier, on January 8, the Delhi High Court had refused to stay a notification directing private schools to set up fee regulation committees. However, it extended the deadline for constituting these committees from January 10 to January 20. The court also extended the last date for schools to submit their proposed fee structures from January 25 to February 5.
Source: News18
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