Jagran Bureau, New Delhi. The Supreme Court on Monday termed the law brought by the Delhi government to control school fees in Delhi as good and supported it but raised questions saying the timing of implementing the law was not right. The court said that this is a good law which has been made with a very good purpose, implement it properly. The practicality of implementing this has to be seen.
The bench said that the academic session is already going on, so how would it be practical to implement the law from this academic session. Questioning the practicality of implementing the law, the court has directed to put the case up for hearing again on January 27. The Delhi government has passed the Delhi School Education (Transparency in Fee Determination and Regulation) Act 2025 to control the fees of private schools.
Private schools and the schools' association have filed a petition in the Supreme Court challenging the Fee Regulation Act and the circular issued in December last month for its implementation. The matter is also pending in the Delhi High Court, but the High Court had refused to stay the circular of last December directing the private schools to constitute Fee Regulation Committee, against which the private schools have approached the Supreme Court.
Arguing on behalf of private schools in the bench of Justices PS Narasimha and Alok Aradhe on Monday, senior advocate Mukul Rohatgi said that they have challenged the Delhi School Education (Transparency in Fee Determination and Regulation) Act 2025 to control the fees of private schools of Delhi government. Along with this, the circular issued last December has also been challenged, because there is already a central law to control fees.
Rohatgi said that this method of implementing the law is contrary to the scheme of the Act. The academic session of 2025-26 has already started, so how can this law be implemented in this academic session. During the hearing, the bench said that it is not inclined to interfere in the law at this stage.
Justice Narasimha said that the court is completely in favor of the law. But its implementation should be as per the statutory time limit. How will this be implemented in this academic session when the session has already started.
Questioning Additional Solicitor General SV Raju, appearing for the Delhi government, on the practicality of the law, the court said that hasty formation of committees is not right. The bench said, undoubtedly the fees are very high and the law is for the welfare of the people. But in haste you will create such institutions which will not be able to function.
The court questioned how the fees could be fixed for this year when the session had already started. Justice Narasimha said that fixing fees retrospectively could also lead to recovery from schools. This will not be possible. This is a good act, it has been brought for a good purpose, implement it properly.
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