A bench headed by Justice A K Sikri allowed implementation of the government's order to hike the fee up to 25 percent depending on the existing tuition fee as the educational institutes were facing problem in implementing the 6th Pay Commission for the teaching staff.

The Court, however, made it clear that it is only an interim order and if it came to the conclusion that fee is excessive then schools have to refund the amount with nine percent interest per annum to the students.

"In this scenario, when orders are issued by the government after considering the recommendations of S L Bansal Committee, we are of the opinion that the schools should be allowed to charge the fee as per the rates mentioned in the order," the court said.

The NCT government had on February 11 had allowed increase in the fee. It was directed that on existing tuition fee of up to Rs 500, the schools can increase upto Rs 100.

Schools were allowed to increase fee by up to Rs 200 if they are charging between Rs 501 to Rs 1000. Similarly, in case of tuition fee of Rs 1,001-Rs 1,500 and Rs 1,501- Rs 2,000, the schools were allowed to increase their fee by Rs 300 and Rs 400 respectively and for tuition fee beyond Rs 2,000 the schools were allowed to hike up to Rs 500.

The government has allowed the schools to increase the fees with effect from September 2008.

The Court, however, restrained the schools from taking any coercive measure against students in case of default in payment of arrears but allowed them to strike off the name of a child who does not pay the increased fee.

"In case there is a default in payment of fee, schools shall be at liberty to take recourse of Rule 167 of the Delhi Education Rule (which permits the school to strike off the name of child)," the court said.

"In so far as arrears are concerned, the school management shall not neither force the child to leave school nor take any corercive step against any child for non-payment thereof," the court added.

"In respect of those students who are leaving the schools after completing their education or even prematurely of their own, the school managements shall be permitted to recover the arrears of fee as well," the court said.