Image by Anil Sharma from Pixabay/ Representative Image
The Delhi High Court recently made an important decision about how private schools can set their fees. This has started a big debate on whether the government should control what schools charge, or should schools have the freedom to decide for themselves?
What Did the Court Say?
On January 8, 2026, the Delhi High Court refused to stop a new law that controls school fees. However, the court gave schools more time to follow the new rules. Schools now have until January 20 to form special committees, and until February 5 to submit their fee plans. The court noted this was a proper law passed by the government, not just a simple order. This makes it harder to ignore. The judges also said that whatever schools do now might change later, depending on the final decision.
How Will the New System Work?
The new law creates committees at each school to review fees. Each committee will have 11 members:
- The school principal
- A chairperson
- Five parents
- Three teachers
- One government representative
This setup is unusual because parents get the most seats on the committee. After all, they're the ones paying the fees. Teachers also get a voice, which rarely happens in school money decisions. Members will be chosen through a lottery system to keep things fair and prevent anyone from controlling who gets selected. These committees will look at the fees schools want to charge and must decide within 30 days. If someone disagrees with the decision, they can appeal to a district-level committee.
Why Are Schools Upset?
Private schools are challenging this law in court. They have several complaints:
Freedom to Run Their Schools: Schools say they have a constitutional right to manage themselves, including setting their own fees. The Supreme Court has supported this idea before.
- Wrong Process: The schools point out that the order came from the Education Department, but should have come from the Lieutenant Governor instead. This matters because Delhi has a complicated government structure.
- Bad Timing: Schools argue it makes no sense to review fees for the current school year when it's already three-quarters done. How can committees meaningfully check fees that students have already been paying?
Schools have used strong words, calling the law "unfair, biased, and mean-spirited." They believe this is more about politics than actually helping anyone.
What Does the Government Say?
The government defends the law as a one-time fix to bring transparency. Officials say schools have been raising fees randomly without good reasons or clear explanations. The government's main point is simple that parents pay a lot of money to these schools, so they deserve to know how fees are decided. Right now, schools can increase fees whenever they want, and parents either pay or have to pull their children out. By making schools review even this year's fees, the government wants to create accountability. While they gave schools more time, they're firm about making these committees happen.
Looking at Both Sides
Both groups have fair points. Private schools do have rights to run themselves, including making financial decisions. Too much government control could hurt educational variety and prevent schools from trying new things. Schools that genuinely need more money to cover rising costs might get stuck in red tape. But parents are in a weak position. When a school is the only good option in their neighbourhood, parents can't really negotiate. Schools know all about their own finances, while parents are left in the dark. This imbalance makes it easy for schools to take advantage.
The timing seems odd. Reviewing fees for a school year that's almost over feels more like making a statement than solving a real problem. If the government truly wanted transparency, why not start fresh with next year's fees? That would give schools time to plan and parents clear information before deciding where to enroll their children. The real question is whether these committees will actually work. Will they simply approve whatever schools propose? Will parent members understand enough about budgets to ask tough questions? Can the lottery system really prevent schools from influencing who gets chosen?
What Happens Next?
For now, schools must form these committees and follow the new rules. The court will hear more arguments on March 12 about whether the law is constitutional.
This case shows India's bigger challenge in balancing private businesses with public needs in essential services like education. As school fees become harder for middle-class families to afford, some government intervention seems necessary. But what kind of omission protects both parents and schools? The best solution might be honest conversations between schools, parents, and the government about fair fees. Fees should keep education quality high without bankrupting families or making it impossible for schools to operate.
Right now, Delhi's schools are caught between competing ideas about how education should work and students are stuck in the middle. The court's decision gives everyone time and schools can prepare to follow the rules while also challenging them in court. What everyone does during this waiting period will show whether this law becomes a success story or a warning about the government going too far.
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