DoE Defends Early Fee Hike Checks; High Court To Rule Today

NEW DELHI — The dispute centers on a February 1 notification issued by the DoE, which ordered all private schools to constitute School Level Fee Regulation Committees (SLFRCs) by February 10. This moved the deadline up by five months from the July 15 date originally prescribed in the 2025 Act.

1. The DoE’s Argument: Ethics Over Deadlines

Appearing for the DoE, Additional Solicitor General SV Raju told a bench led by Chief Justice DK Upadhyaya that the government’s priority is protecting parents from arbitrary fee hikes for the 2026–27 academic session.

• Means to an End: The DoE argued that specific dates are merely administrative “means” and do not form the “basic structure” of the law.
• One-Time Measure: The government clarified that this is a one-time move to ensure a regulated fee structure is in place by April 1, when the new session begins.

2. Private Schools’ Counter: “Unlawful Speed”

Major educational bodies, including the Delhi Public School (DPS) Society and the Action Committee of Unaided Recognised Private Schools, have sought a stay on the order.

• Legislative Amendment: Petitioners argued that the DoE cannot change a date fixed by an Act of the Assembly through a simple executive order; it requires a formal amendment.
• The Caste Controversy: The DPS Society raised concerns over a clause requiring at least one member of the SLFRC to be from the SC/ST or SEBC categories. They argued this would force families to disclose their caste. The DoE countered this by noting that many schools, including DPS, already collect this data in admission forms.

3. What is an SLFRC?

The SLFRCs are individual committees formed at the school level to determine fee structures for three-year blocks. Under the new 2025 Act, these committees are meant to ensure that fee hikes are justified by actual school expenditures rather than profit motives.

The Legal Timeline: Fees vs. Flexibility