The Delhi High Court has ruled that private unaided recognised schools in Delhi can increase fees before the start of an academic session without obtaining prior approval from the Directorate of Education (DoE).
The judgment was delivered by Justice Anup Jairam Bhambhani on May 25. The Court clarified that schools only need prior permission from the DoE if they want to increase fees during an ongoing academic year. If the revised fee structure is announced before the academic session begins, no prior approval is necessary.
The Court explained that the role of the DoE is mainly to regulate schools and prevent profiteering, commercialisation of education, and illegal collection of capitation fees. It stated that the department should not interfere unnecessarily in the financial management of private unaided schools.
The ruling came after a group of private schools, led by Delhi Public School, challenged DoE orders that rejected their fee hike proposals.
The Court accepted the schools’ argument that they have financial autonomy under the Delhi School Education Act and Rules. It also observed that maintaining surplus funds for future development cannot automatically be considered profiteering unless proven through proper financial audits.
The High Court cancelled earlier DoE orders rejecting fee hikes proposed before academic sessions and closed pending applications delayed over approval issues.
However, the Court refused to allow schools to collect unpaid fee differences from previous years. It stated that such recovery would unfairly burden parents and students. The revised fee structures will apply only from the academic session beginning in April 2027.
