New Delhi: The Supreme Court has issued a notice to the Director of Education (DoE), Government of Delhi, on a plea challenging the Delhi High Court’s orders that permitted private unaided schools situated on government-allotted land to hike fees without prior approval from the education department.
The bench, comprising Chief Justice of India (CJI) B.R. Gavai and Justice A.G. Masih, was hearing a special leave petition filed by Naya Samaj Parents Association, contesting two rulings of the Delhi High Court that upheld the autonomy of private schools in revising fee structures.
According to the petition, “private unaided schools in Delhi have increased their fees multifold, in some cases by up to 100% and are initiating penal actions against students for non-payment, thereby creating confusion and panic among parents.”
The controversy stems from an interim order passed in April 2024 by a Single Judge of the Delhi High Court in a writ petition filed by the Action Committee Unaided Recognised Private Schools.
In this order, the court observed that, as per prevailing law, unaided recognised private schools are not required to seek prior permission from the DoE before raising their fees, regardless of land allotment clauses.
The order also stayed a circular issued by the DoE regulating fee proposals from unaided private schools. The petition before the Supreme Court specifically challenges paragraph 29 of this order.
Subsequently, in its final order dated April 8, 2025, the High Court’s division bench dismissed a Letters Patent Appeal filed against the interim order, on the procedural ground that the petitioner was not a party in the original writ proceedings.
The petitioner, however, argues that this decision conflicts with previous rulings of both the Delhi High Court and the Supreme Court. It cites the Justice For All vs Govt. of NCT of Delhi case, where the Delhi High Court held that the DoE has the authority under Section 17(3) of the Delhi School Education Act, 1973 to regulate fee hikes and prevent profiteering by unaided schools.
The petitioner also relies on the Supreme Court’s judgment in the landmark Modern School vs Union of India case, which emphasised that private schools on DDA-allotted land must seek prior approval from the DoE before increasing tuition fees. In that case, the Apex Court directed the Director of Education to verify whether schools were complying with the terms of their land allotment and take action in case of violations.
A specific clause in the DDA’s allotment letters, referred to by the Supreme Court, reads, “The school shall not increase the rates of tuition fee without the prior sanction of the Directorate of Education, Delhi Administration and shall follow the provisions of the Delhi School Education Act/Rules, 1973 and other instructions issued from time to time.”
In its ruling in Modern School, the Court had directed, “The Director of Education shall examine the terms of allotment issued to schools and ensure compliance within three months. In case of non-compliance, appropriate steps shall be taken.”
The Supreme Court has now taken cognisance of the petitioner’s concerns and issued a notice to the Delhi DoE for its response. The matter is expected to be heard in June
