By: Express News ServiceNew Delhi | January 20, 2026 08:16 AM IST 3 min readSupreme Court backs Delhi’s new school fee regulation law, flags phenomenally high private school fees in the Capital. (Express Photo By Amit Mehra/ representative)The fees for private schools in the Capital is “phenomenally high”, the Supreme Court said on Monday while backing the the Delhi School Education (Transparency in Fixation and Regulation of Fees) Act, 2025, introduced by the Delhi government, even as it cautioned against a hurried and retrospective implementation of the legislation.“We are completely in favour of the legislation… this is not the final word or anything, but what we are saying is, hurry may end up not properly constituting the committees (school-level fee regulation committee (SLFRC)… Of course, the fees are phenomenally high, it’s a legislation for public welfare. But in your anxiety, you will end up creating institutions which are not viable,” Justice Narasimha, presiding over a two-judge bench, said.When the government pointed out that the law has been implemented from this year, the Judge added, “This year has already started. This is completely convoluted. The approval should have been done by July and that has also passed. What is the over anxiety here?”Justice Narasimha added, “it will be unviable. You are forcing people overnight to get up and do it. It’s a very ideal Act, which is done for a very good purpose. Implement it in a proper way. The Act is talking about next year. You are saying that you will start from this year retrospectively”.The bench, also comprising Justice Alok Aradhe, was hearing appeals by the school managements, which moved the top court after the Delhi High Court refused to stay the legislation, its rules, and the December 24, 2025 circular directing the schools to set up a School Level Fee Regulation Committee (SLFRC) by January 10 and submit fee proposals by January 25. The new law came into effect on December 10.On January 8, the High Court had issued notice on petitions challenging the constitutional validity of the Act and the circular. It also extended the time for constituting SLFRC’s for the academic year 2025–26 till January 20 and the deadline for fee proposals till February 5.Senior advocate Mukul Rohatgi, appearing for the school managements, contended that the Act was repugnant to the Delhi School Education Act, 1973, enacted by Parliament. Rohatgi said it should not have been implemented for the current academic year. He pointed out that even as the Act came into effect only on December 10, 2025, the circular retrospectively sought to fix fees through the Committee’s even for the current academic year which began on April 1, 2025.Story continues below this adAppearing for the Directorate of Education, Additional Solicitor General S V Raju referred to proceedings before the HC and said the timelines were extended on the request made by the schools.The court said it will intervene only on the point of retrospective application. “If it is innocuous, merely saying the constitution of the committee, there is no harm in that. But it will also impose the fees retrospectively for 2025-2026…We will interfere with the order only if you say your intention is to regulate fees for 2025-26”, he said.The court will hear the matter again on January 27.A key provision of the law mandates a three-tier committee structure to audit fee hikes and comes after years of friction between parent associations and private schools over arbitrary charges.Stay updated with the latest - Click here to follow us on Instagram© The Indian Express Pvt LtdTags:supreme court