Delhi High Court Sets Aside Order Directing Private Schools to Implement CPC Pay Scales

The Delhi High Court’s Division Bench has set aside a single judge’s order that directed private schools in Delhi to pay their teaching and non-teaching staff salaries and benefits as per the Sixth and Seventh Central Pay Commission (CPC) recommendations.

The Bench of Justices Subramonium Prasad and Vimal Kumar Yadav noted that key issues raised by the schools—such as teachers’ eligibility for CPC benefits, their mode of appointment, and the schools’ right to revise fees—were not addressed in the earlier judgment passed in November 2023.

The Court further held that the single judge wrongly delegated judicial powers to committees formed to decide salary and fee-related issues. “Judicial functions cannot be relegated to these committees,” the Bench observed, adding that while such committees could have submitted reports to assist the Court, they could not be authorised to decide disputes themselves.

As a result, the Division Bench quashed the earlier decision and sent the matter back to the roster bench for a fresh hearing.

The single-judge order, passed by Justice Chandra Dhari Singh, had earlier ruled that private school employees have a vested right to receive pay and allowances according to CPC recommendations. Justice Singh had also held that even unaided minority institutions cannot deny these benefits on grounds of financial hardship.

The order was challenged by both the teachers and the schools. While teachers objected to their claims being handed over to committees, the schools argued that their right to decide reasonable fee structures in line with their financial commitments was overlooked.