Safiya Malik

The High Court of Delhi Division Bench of Justice Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia on Monday directed that, until February 20, schools in the national capital that have not yet formed the School-Level Fee Regulation Committee (SLFRC) need not be pressed to constitute it, as the court examines challenges to the Delhi School Education (Removal of Difficulties) Order, 2026. The interim direction came while hearing petitions by school bodies questioning the Delhi Government’s February 1 notification that brought the 2026 Order into force and set a 10-day deadline for forming SLFRCs for the upcoming fee-fixation cycle. The court listed the stay requests for February 20 and sought responses from the authorities.

The petitions were filed challenging the notification dated 01.02.2026 titled “Delhi School Education (Removal of Difficulties) Order, 2026,” issued by the Department of Education. The Order mandated that every school constitute a School-Level Fee Regulation Committee (SLFRC) within ten days, expiring on 11.02.2026. The petitioners sought extension of the time for constitution of the SLFRC in view of their challenge to the notification.

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The respondents opposed the prayer, contending that the timeline was linked to the process of fee fixation for academic years 2026–27 onwards. It was submitted that an earlier order dated 08.01.2026 had already extended time till 20.01.2026 and that any further extension would disrupt the schedule for submission of proposed fees and constitution of the District Fee Appellate Committee. Reference was also made to proceedings before the Supreme Court in SLP(C) 2602/2026, wherein it was clarified that the new law would not be implemented for the academic year 2025–26, leaving issues open for consideration by the High Court.

The Bench recorded, “Our attention has been drawn to the notification dated 01.02.2026 whereby a removal of difficulties order with the title ‘Delhi School Education (Removal of Difficulties) Order, 2026’ has been promulgated and published in the Official Gazette. The said order has come into force on 01.02.2026 itself.”

It noted, “Clause 3 (1) of the Removal of Difficulties Order mandates that every school shall constitute the School-Level Fee Regulation Committee (SLFRC) in terms of the Section 4 of the Act and Rules 4 made thereunder within a period of 10 days, which period shall expire on 11.02.2026.”

The Court recorded the respondents’ submission that, “in case, any time is extended permitting the constitution of SLFRC after 11.02.2026, the entire timeline for fixation of fee shall get delayed.”

Regarding the Supreme Court proceedings, the Bench stated, “It has been brought to our notice that the order dated 08.01.2026 was challenged before Hon’ble Supreme Court in SLP(C) 2602/2026… A clarification was given on behalf of the GNCTD that the new act will not be implemented for the academic year 2025-26.”

The modified Supreme Court order was extracted, including the clarification that, “the new law will not implemented at this stage for the Academic Year 2025-2026, no further orders are required.”

The Bench further observed, “It is to be noted that during pendency of the aforesaid SLP, the Department of Education has issued the notification dated 01.02.2026.” It recorded, “Accordingly, on account of the intervention of the Hon’ble Supreme Court in the aforesaid SLP as also on account of the aforesaid notification dated 01.02.2026, the circumstances have changed.”

The Court stated, “We have also fixed the application seeking stay for appropriate decision on 20.02.2026 and accordingly, we find that in case, the GNCTD does not insist on formation of the School-Level Fee Regulation Committee by the next date, no prejudice is going to be caused to either side neither will it cause any prejudice to the timeline, which has been fixed for fixation of fee for the academic session 2026-27.”

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The Court directed, “Accordingly, we provide that till the next date of listing of the application for stay, i.e.20.02.2026, those schools who have not constituted the School-Level Fee Regulation Committee shall not be insisted upon to form this said Committee. The Respondents shall file response to these Applications within a week from date. List these applications “High on Board” on 20.02.2026.

Advocates Representing the Parties

For the Petitioners: Mr. Romy Chacko, Senior Advocate with Mr. Varun Mudgal, Mr. Ashwin Romy, Mr. Sachin Singh Dalal; Mr. Puneet Mittal, Senior Advocate with Ms. Geetika Panwar, Mr. Vedant Verma, Mr. Arjun Garg, Dr. Ishaan S. Sharma, Ms. Shambhavi Sharma, Mr. Ayush, Mr. Shubham Shukla

For the Respondents: Mr. S. V. Raju, ASG/Senior Advocate with Mr. Zoheb Hossain, Mr. Annam Venkatesh, Mr. Pranav Sarthi, Mr. Samrat Goswami, Mr. Ayushh Raj, Mr. Harsh Paul Singh, Mr. Pranjal Tripathi, Mr. Satyam, Mr. Shikhar Yadav, Mr. Chinmay, Ms. Agrimaa Singh, Mr. Aryansh Shukla, Ms. Prachi Dhingra, Mr. Utkarsh Vatsa, Mr. Udit Bajpai, Mr. Sanjeev Menon; Mr. Sameer Vashisht with Ms. Harshita and Mr. Khushboo Mittal

Case Title: The Forum of Minority Schools v. Lt Governor of Delhi and Anr. & Connected Matter
Case Number: W.P.(C) 1824/2026 & W.P.(C) 1845/2026
Bench: Chief Justice Devendra Kumar Upadhyaya, Justice Tejas Karia