Delhi High Court Halts Delhi Government’s Circular on Private School Fees

The Delhi High Court has halted the enforcement of a circular issued by the Department of Education (DoE) of the Delhi government, which prevented private schools situated on government-allotted land from raising their fees without prior approval.

Justice C Hari Shankar put a stay on the circular issued on March 27 by the DoE, stating that until the next hearing, the implementation of the contested circular would be suspended. The High Court’s interim order on April 29 highlighted that the government’s directive directly contradicted a previous court ruling.

Justice Hari Shankar noted that although the government had challenged the court’s decision before the Division Bench, it hadn’t been overturned or suspended. Despite any dissatisfaction from the DOE Action Committee, privately managed recognized schools must adhere to the court’s decision as long as it stands. The court criticized the DOE’s recurrent issuance of threatening circulars pressuring schools into seeking prior approval before fee hikes, deeming it unacceptable.

The High Court emphasized that schools should not be dragged into unnecessary legal battles and clarified that privately managed recognized schools are not obligated to seek approval before adjusting fees, regardless of their land allocation.

This ruling came in response to a petition filed by the Action Committee Unaided Recognized Schools, a body representing private schools. The court has also issued a notice to the DOE, instructing them to submit a counter affidavit within four weeks. The case is scheduled for its next hearing on July 31.