BJP’s new Private School Fee Act makes it impossible for parents to complain unless they gather 15% parents; This is tool to crush parents voices: Saurabh Bharadwaj

In a sharp critique, AAP Delhi State President Saurabh Bharadwaj slammed the BJP-led Delhi government for crafting a ‘Private School Fee Act’ that empowers school managements to hike fees unchecked, eliminates audit provisions, and blocks parents from raising complaints unless they gather support from parents of 15% of students.

The senior AAP leader highlighted how the new rules dismantle transparency by replacing elected PTA members with school-appointed ones, calling it a direct attack on parental rights. He asserted that within just 65 days, the new regime has betrayed the middle class and lost its credibility.

During a press conference, AAP Delhi State President Saurabh Bharadwaj pointed to his earlier warnings about collusion between the BJP-led Delhi government and private school managements, stating, “What we had said before is happening exactly as predicted. The BJP’s Delhi government is directly colluding with school managements — and today, the entire city of Delhi witnessed this.”

Referring to a press conference held by the CM and Education Minister of Delhi, Saurabh Bharadwaj said, “They announced that a new law is being introduced in Delhi for fee fixation. They named it the ‘Delhi School Education Transparency in Fixation and Regulation of Fee Act.’”

Questioning the government’s process, Saurabh Bharadwaj raised concerns over the lack of transparency, asking, “When this bill was put up for public consultation before it was brought to the Cabinet? Was there any public consultation? Did you see any advertisement anywhere that a new law is being brought by the Delhi government, and public consultation will be held for it, so that parents could give their input, offer suggestions about what they want?”

He further pointed to the deliberate exclusion of parents from the process, stating, “When it comes to school managements — well, they are part of your own party. So obviously, you must have consulted them, since they are part of your party’s state executive committee. Mr. Arora, who is the chairman of the Action Committee, is with you. You held no consultation. This was done secretly, hidden from the public and from parents.”

Criticizing the law for focusing only on next year’s fee hike while ignoring the present one, he said, “And after secretly making the law, what exactly have they created? BJP said they would bring this law in July this year. By October, people will find out how much next year’s fees will increase. But what about this year? What about the current year, Minister? Chief Minister? Please tell us about this year.”

“The Chief Minister said that audits of all schools have been conducted through District Magistrates. So, if you conducted audits, did you upload them on the correct website? Did you make them public? Did you disclose which schools were found to be making profits and which were not? No, you did not. You’re claiming that you do not have the powers to act,” he added.

Bringing up former Education Minister Manish Sisodia’s actions, Saurabh Bharadwaj questioned the current government’s intent, stating, “Then, on what authority did Manish Sisodia, when he was Education Minister, manage to roll back fees in 500 schools? That was not just power — it was willpower. I want to tell the Chief Minister: The law gives you power. What’s missing is the willpower.”

Citing a specific case of student mistreatment at DPS Dwarka, he demanded accountability, saying, “Secondly, your District Magistrate personally went to DPS (Delhi Public School) and revealed that children were being harassed — made to sit in the library. Do you not even have the power to file an FIR? Do you need a new law for that as well?”

The AAP Delhi State President pressed further, asking, “Have you filed an FIR against the Principal of DPS Dwarka? If you have, then tell us. You haven’t — because you lack the will. You are in collusion with school managements.”

“Have you rolled back the fee of even one school? Have you told even one school that they’ve increased the fee too much and must roll it back? Not even one. You pushed it all to next year,” he added.

Condemning the government for effectively legalizing excessive fee hikes, Saurabh Bharadwaj stated, “That means the 20%, 40%, 82%, 57% fee hikes that happened this year — you have legalized them. You’ve given them a green signal. You lied to the people of Delhi by claiming you didn’t have the powers. Let me tell you — you do have the powers.”

He asserted that existing laws already empower the government, citing legal precedent, “You have the same powers that were granted under the Delhi School Education Rules, 1973. And based on those very powers, the Constitutional Bench of the Supreme Court, in the case of Modern School vs. Union of India, gave these powers to the Directorate of Education — the power to fix school fees. You are lying when you say you don’t have the authority.”

Talking about the bill, Saurabh Bharadwaj stated that the bill has not even been put in the public domain yet. He said, “They think they are very clever, but from the press conference I watched, I could clearly see several major shortcomings in their plan.”

He emphasised that the new law is designed to shield private schools, not regulate them, saying, “This law is being made purely to benefit private school managements, so that they get a shield when it comes to raising fees. They have created a committee at the school level. The chairperson of that committee is from the school management, the secretary is the school principal. Then there is a nominee from the Directorate of Education, and five parents. But how will these five parents be selected?”

“There will be a draw. Who will conduct it? The school itself. And who will the school include in the draw? Whoever they want — and then claim the draw is done. Why don’t you let schools conduct the EWS draw? Because they can’t be trusted, right? Because they will tamper with the process,” added the senior AAP leader.

Pointing to existing legal mechanisms, he said, “There are already notified rules for Parent Teacher Associations (PTAs). These rules clearly lay out how PTAs should be formed — through elections. This way, parents can choose people who know the law, who are ready to fight for them — people who understand audits and school accounts. But in their method, it’s just the teachers and the principal who’ll decide whom to include. That’s the biggest dishonesty in this law.”

Calling the bill a tool for private school interests, Saurabh Bharadwaj stated that this law is being made directly for the benefit of private school managements and the private school mafia.

Explaining a controversial clause, Saurabh Bharadwaj exposed the impracticality of the new grievance redressal process, saying, “The bill states that if the School Fee Fixation Committee decides, for example, on a 25% fee increase — how can parents challenge that? Until now, any distressed parent could file a complaint directly with the Directorate of Education. An inquiry would follow, maybe even an audit. A process would begin.”

“But now, they’ve said that only if 15% of parents get together can a complaint be filed against the school. Really? You’re the only smart ones? The rest of us eat grass? If a school has 2,000 students, 15% would be 300. Can anyone gather 300 parents together? Our kids have been in schools for years — even now, we can barely gather 10 people. Where will you find 300 parents,” he added

The AAP Delhi State President said that this has been made only for school managements. Even at protests, you barely see 15–20 parents at private schools. They are working people — who even has the addresses of all the school’s parents? Who will call 300 parents, get their signatures?

He condemned the change as a way to silence parents entirely, “Just so that after this law is enacted, no parent can even file a complaint. You’ve even taken away that right. Even if you go to court, they’ll say — file a complaint first. And to file a complaint, they’ll say — bring 300 people. And since that will never happen, you won’t be able to complain or go to court.”

Calling it blatant support for private school authoritarianism, Saurabh Bharadwaj asserted that this law is being rushed through to legitimize the tyranny and fraud of private school managements.

He reiterated prior warnings about conflict of interest within the BJP, stating, “The Action Committee of private schools, which used to challenge the government in every matter before the High Court and Supreme Court — its president is now part of the Bharatiya Janata Party’s state executive. That same Mr. Arora is now actively campaigning for BJP’s mayoral candidate Rekha Gupta, waving the party flag.”

The senior AAP leader pointed to other problems with the act, asking, “Where is the audit provision in this entire Act? Until now, audit provisions were present in the law — in the Delhi School Education Act itself. Today, Mr. Ashish Sood was giving false statements — claiming that the Delhi government has lost in the High Court and now has no powers. That is a lie. This is being done so parents think that the Education Department no longer has any power — that it can’t do anything anymore.”

He clarified the legal origin of the Directorate’s powers, citing a Supreme Court order, “These powers were granted through the constitutional bench judgment of the Supreme Court in Modern School vs Union of India. And according to paragraph 27 of the judgment, ‘The school shall not increase the rate of tuition fee without the prior sanction of the Directorate of Education, Delhi Administration, and shall follow the provisions of the Delhi School Education Act and Rules, 1973, and any other instructions issued from time to time.’ So these powers are still in force.”

Refuting BJP leaders’ claims of a legal defeat, Saurabh Bharadwaj added, “I feel the minister either doesn’t read or his department doesn’t want him to read. This order is from this very month — 8 April 2025. Naya Samaj Parents Association vs Action Committee of Unaided Recognized Private Schools & Others — yes, the same Action Committee whose chairperson was campaigning for Rekha Gupta. In this case, the Chief Justice’s bench of the Delhi High Court said the previous single-bench order was only tentative.”

He read out the court’s language to stress its limited nature, “The order under challenge herein is only an interim order, and accordingly, any findings recorded by the learned single judge in the said order, including those in paragraph 29, are only tentative.”

The senior AAP leader asserted that key powers from the Supreme Court remain intact, “The Supreme Court gave the Directorate of Education the authority to audit schools, to examine whether the schools are profiteering, how much profit or loss they are making — and based on that, the Directorate can fix their fees. If excess fees have been charged, it can roll them back and refund parents.”

Referencing past governance under AAP, he highlighted that it was under this authority — under the 1973 Act — that Manish Sisodia and Arvind Kejriwal’s government rolled back the fees of 550 schools and issued refund cheques to parents.”

Turning to the present administration, he called them out for betraying Delhi’s middle class, stating, “What the current Delhi government has done feels like a dagger in the back of the middle and upper-middle classes. Such urgency — such haste — all just to benefit private schools. What sort of commitment have you made to them? Why are you in such a rush? I believe this is the first government to lose its credibility so quickly. It’s been just 65 days, and look at the situation.”