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A very big and surprising news is coming for the parents of children studying in private schools of Delhi. Delhi High Court has given a historic decision regarding increasing school fees, which can be heavy on the pockets of parents. The court has made it clear that now private, unaided and recognized schools will not need to take any prior permission or approval from the Directorate of Education (DoE) to increase fees at the start of the new academic session.

After this decision of the court, now schools will be able to increase the fees at the beginning of the new session as per their wish, provided they inform the department about it in advance.

When will approval be taken from the government? High Court made it clear

The single bench of Justice Anup Jairam Bhambhani, while hearing this matter, has completely clarified the situation. The court said that prior approval from the Directorate of Education would be required only if a school suddenly wants to increase the fees midway, i.e. during an ongoing academic session. If the school is doing this when the new year or new session starts, then it does not need to wait for anyone’s order.

A small relief for parents, this rule will not be applicable from this year

Even though this decision appears to be in favor of the schools, the High Court has also adopted an impartial stance keeping in mind the interests of the parents. The court has directed that whatever fee increase is proposed in the statements submitted by the schools to the Directorate of Education, can be implemented only from the academic session of 2027.

Along with this, the bench has made it clear in a strict tone that no school will be allowed to demand or recover the arrears of any other fee or increased fees for the old or previous academic sessions from the previous date.

Education department cannot ‘dictate’ the functioning of schools

The court has made a very important comment regarding the financial autonomy of private schools. The bench said that schools which are increasing the fees at the start of the new session, must simply submit a complete statement of the proposed fees to the Directorate of Education before the start of the session.

The Justice said in clear words that private and recognized schools without government aid have full right to their financial autonomy. It is not at all the job of the Directorate of Education (DoE) to run a ‘dictatorship’ over these schools or to ‘closely control’ their financial affairs.

Just having more money doesn’t make a school ‘profitable’

The court also acknowledged in its decision that the regulatory powers of the Directorate of Education in the matter of fixing fees in private schools are very limited and they do not allow interference in everything. The court said that if there is only excess money deposited in the bank accounts of a school, then on this sole basis the Directorate of Education cannot draw an arbitrary conclusion that the school is commercializing or profiteering from education.

Citing Section 17(3) of the Delhi School Education Act, 1973, the court confirmed that there is no legal obligation to seek prior permission for increasing fees in the new session, schools just have to inform the government in advance.