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Delhi High Court grants interim relief on SLFRC deadline, next hearing on February 20

by Digital Desk
1 month ago
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Delhi High Court (File Photo/ANI)

New Delhi [India], February 9 (ANI): The Delhi High Court on Monday extended the February 10 deadline set by the Delhi government for private schools to constitute School Level Fee Regulation Committees (SLFRCs), granting time until February 20, the next date of hearing and directing that no coercive steps be taken in the meantime.

A Bench led by Chief Justice DK Upadhyaya and Justice Tejas Karia issued a notice to the Government of NCT of Delhi on petitions filed by several school associations challenging the February 1 notification requiring schools to form committees within 10 days. The court observed that no prejudice would be caused if the formation of SLFRCs were deferred at this stage.

“We find in case the GNCTD does not insist on the formation of the SLFRC, no prejudice is going to be caused to either side or to the timeline for fixation of fees for academic sessions 2026-2027,” the Bench noted, indicating that the government would not insist on compliance until the next hearing.

The matter arises from pleas filed by school bodies, including the Forum of Minority Schools and the Association of Schools, challenging the notification issued under the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025.

The petitioners contend that the move to advance the timeline for forming SLFRCs is arbitrary, exceeds statutory authority, and is contrary to the parent legislation.

Filed under Article 226 of the Constitution, the petitions seek the quashing of the Notification dated February 1, 2026. The challengers argue that the State has used its power to “remove difficulties” to alter statutory timelines fixed by the legislature, which, according to them, can only be changed through legislative amendment.

As per the Act and Rules notified in December 2025, every recognised school is required to constitute an SLFRC by July 15 of each academic year. However, the impugned order directed schools to form the committees within 10 days of publication of the notification, effectively advancing the deadline to February 10, 2026.

The Forum of Minority Schools, through its General Secretary Dr. Michael Williams, stated that the power to remove difficulties under Section 21 of the Act is limited and cannot be used to modify substantive provisions or alter legally prescribed timelines. The plea states that the legislature had consciously allowed time till July 15, considering academic schedules, examinations, and admission-related work.

The petitions also refer to an earlier attempt by the Directorate of Education to prepone the deadline through a circular dated December 24, 2025, which was challenged before the High Court. Although notice was issued in that matter, no interim relief was granted. The issue later reached the Supreme Court, where Special Leave Petitions were disposed of after the State clarified that the new law would not be implemented for the academic year 2025-26 at that time, leaving subsequent challenges open.

Although the December circular was later withdrawn, the petitioners contend that the government made a fresh attempt to extend the deadline through the February 1 notification, invoking the “removal of difficulties” clause again. They argue that the move effectively overrides statutory provisions and places undue administrative pressure on schools.

Minority educational institutions, claiming protection under Article 30 of the Constitution, have also challenged the notification, alleging that it interferes with their administrative autonomy and is ultra vires the Act. (ANI)

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Delhi High Court (File Photo/ANI)

New Delhi [India], February 9 (ANI): The Delhi High Court on Monday extended the February 10 deadline set by the Delhi government for private schools to constitute School Level Fee Regulation Committees (SLFRCs), granting time until February 20, the next date of hearing and directing that no coercive steps be taken in the meantime.

A Bench led by Chief Justice DK Upadhyaya and Justice Tejas Karia issued a notice to the Government of NCT of Delhi on petitions filed by several school associations challenging the February 1 notification requiring schools to form committees within 10 days. The court observed that no prejudice would be caused if the formation of SLFRCs were deferred at this stage.

"We find in case the GNCTD does not insist on the formation of the SLFRC, no prejudice is going to be caused to either side or to the timeline for fixation of fees for academic sessions 2026-2027," the Bench noted, indicating that the government would not insist on compliance until the next hearing.

The matter arises from pleas filed by school bodies, including the Forum of Minority Schools and the Association of Schools, challenging the notification issued under the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025.

The petitioners contend that the move to advance the timeline for forming SLFRCs is arbitrary, exceeds statutory authority, and is contrary to the parent legislation.

Filed under Article 226 of the Constitution, the petitions seek the quashing of the Notification dated February 1, 2026. The challengers argue that the State has used its power to "remove difficulties" to alter statutory timelines fixed by the legislature, which, according to them, can only be changed through legislative amendment.

As per the Act and Rules notified in December 2025, every recognised school is required to constitute an SLFRC by July 15 of each academic year. However, the impugned order directed schools to form the committees within 10 days of publication of the notification, effectively advancing the deadline to February 10, 2026.

The Forum of Minority Schools, through its General Secretary Dr. Michael Williams, stated that the power to remove difficulties under Section 21 of the Act is limited and cannot be used to modify substantive provisions or alter legally prescribed timelines. The plea states that the legislature had consciously allowed time till July 15, considering academic schedules, examinations, and admission-related work.

The petitions also refer to an earlier attempt by the Directorate of Education to prepone the deadline through a circular dated December 24, 2025, which was challenged before the High Court. Although notice was issued in that matter, no interim relief was granted. The issue later reached the Supreme Court, where Special Leave Petitions were disposed of after the State clarified that the new law would not be implemented for the academic year 2025-26 at that time, leaving subsequent challenges open.

Although the December circular was later withdrawn, the petitioners contend that the government made a fresh attempt to extend the deadline through the February 1 notification, invoking the "removal of difficulties" clause again. They argue that the move effectively overrides statutory provisions and places undue administrative pressure on schools.

Minority educational institutions, claiming protection under Article 30 of the Constitution, have also challenged the notification, alleging that it interferes with their administrative autonomy and is ultra vires the Act. (ANI)

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