In a significant development, the Delhi government on Monday informed the Supreme Court that it will not implement the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025, during the ongoing academic session (2025-26). The decision comes amid concerns raised by private schools and the apex court about the hasty implementation of the law.
A bench comprising Justices P.S. Narasimha and Alok Aradhe recorded the submission of Additional Solicitor-General S.V. Raju, appearing for the Delhi Directorate of Education (DoE), who placed on record a February 1 gazette notification clarifying the government’s stand.
According to the notification, private schools shall not charge any amount beyond the fee structure applicable as of April 1, 2025. It further stated, “Any exorbitant fee charged by schools for the academic year 2025-26 shall be regulated and dealt with in accordance with law, subject to the final outcome of the proceedings challenging the vires of the Act and the Rules presently pending before the High Court of Delhi and the Supreme Court of India.”
Accepting the government’s assurance, the bench said, “Wisdom seems to have prevailed,” and added that the court’s only concern was the “hurry” in implementing the fee regulation law from the current academic year. “In view of the clarification of ASG S.V. Raju… that the legal regime will not be implemented from 2025-26, no further order is required to be passed at this stage,” the court observed while closing the appeals filed by private schools.
The court also granted liberty to the schools to request the Delhi High Court for early disposal of their writ petitions challenging the constitutional validity of the 2025 law and associated rules.
Earlier, on January 19, the Supreme Court had observed that enforcing the new fee regulation regime from this session would be “unviable.” The appeals before the apex court were against a January 9 interim order of the Delhi High Court refusing to stay the Act and a December 24 circular mandating its immediate implementation.
The circular had required private schools to constitute fee regulation committees by January 2026—advancing the original statutory deadline of July 15 under the Act. During the hearings, the apex court had asked the Delhi government to factor in the practical difficulties posed by the timeline for implementation.
With this development, the fee structure for private unaided schools in Delhi will remain unchanged for the 2025-26 academic year, while the legal challenge to the law continues in the High Court.
