Delhi High Court Hints At Staying DPS Dwarka Order Expelling 32 Students Over Fee Hike Dispute

The Delhi High Court on Friday hinted that it was inclined to stay an order issued by the Delhi Public School (DPS), Dwarka, expelling 32 students amid the ongoing fee hike issue.

Justice Sachin Datta made the observation while hearing an application filed by the parents of the 32 expelled students for non-payment of fees.

The Court deferred the hearing till Monday, May 19, and said that it will hear the matter and pass an order that day.

Justice Datta noted that the school, while removing the students from the rolls, prima facie did not comply with the Delhi School Education Act, as per which parents of such students have to be provided a reasonable opportunity to show cause why such an action should not be taken.

During the hearing today, the counsel appearing for Delhi Government's Directorate of Education (DoE) that an order was passed yesterday directing the school to take the expelled students back.

As per the DoE order, the school has been asked to withdraw the order given to the Parents regarding striking off the names of their wards from the rolls of the school on account of non-payment of the hiked fee.

The school has also been directed to take back on the school's roll the names of the students whose names have been struck down by the for non-payment of the fee. The school has further been asked not to harass the students and to restrain from taking any coercive action against them.

However, the counsel for the school told Court that there was no judicial direction requiring that the expelled students had to be taken on schools' rolls without payment of requisite fees.

The Court then asked the school's counsel that whether a show cause notice was issued to the students as per Section 35(4) of the Delhi School Education Rules, 1973.

"You produce the notices. Show me a notice where you informed the students that if you do not pay the fees, you will be off the rolls on May 13. I think I will stay this order immediately. This order (of the school) has to go for non-compliance with Rule 35 (4)," the Court told the counsel appearing for DPS, Dwarka.

Thereafter, the hearing was adjourned to Monday at the request of the school's counsel.

In a related development, a coordinate bench today reserved its order in a plea moved by over 100 parents seeking take over of Delhi Public School, Dwarka, by the Lieutenant Governor (LG) amid the issue of ongoing fee hike.

The application has been filed by 32 expelled students' parents in a pending petition filed by DPS, Dwarka. They have sought uninterrupted continuation of the education of the mir children.

A direction is sought on the DoE and the concerned District Magistrate to ensure safety and security of the children as well as the continuance of their education.

The parents have also sought a direction on the authorities to ensure compliance of an interim order passed on April 16 by the Court reprimanding the school for subjecting the students to discriminatory treatment, including not permitting them to visit canteen and interact with their classmates, over alleged arrears of fees.

Justice Datta had, as an interim measure, restrained the school from indulging in any conduct as mentioned in the DM's inspection report–including "confining the students in the library of the school, preventing students from attending classes, segregating the students who have not paid the fees, preventing the said students from interacting with the other students, preventing the said students from having access to all amenities of the school, subjecting such students to any other form of discrimination /prejudice". 

Case title: Delhi Public School Dwarka vs. National Commission For Protection Of Child Rights And Ors