Amit Kumar Tanwar & Ors. v. Directorate of Education & Ors.
Case brief
What is this about?
The Supreme Court addressed multiple writ petitions challenging the Delhi Directorate of Education's (DoE) rejection of fee-hike proposals for private un-aided schools. The Court affirmed that schools have autonomy to fix fees at the start of an academic session without prior DoE approval, though mid-session hikes require sanction. The Court ruled that the DoE cannot reject proposals merely based on surplus availability without a formal audit finding profiteering. Furthermore, the DoE must adhere to GAAP and separate restricted funds from operational funds. Orders rejecting fee hikes without hearings were set aside.
What did the court decide?
Impugned orders rejecting fee hikes at academic commencement are quashed. Pending proposals closed. Last proposed fee increases permitted from April 2027 only; no retrospective recovery of arrears allowed. A 'land-clause' does not override the DSE Act.