Delhi High Court Reserves Order On Parents' Plea Seeking LG To Take Over DPS Dwarka Amid Fee Hike

The Delhi High Court on Friday reserved order on 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.

Justice Vikas Mahajan heard the counsel for the parties and said that an appropriate order will be passed in the matter.

Today, the Court was informed that an order was passed yesterday by the Department of Education against the school, directing it to take the students back.

The Court was further informed that the authorities said that today the school had permitted the students to attend the classes.

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.

At the outset, the counsel appearing for the school told Court that one of the petitioners had written a complaint to the Bar Council of Delhi against a senior lawyer representing the school, terming it as “intimidation of the counsel.”

To this, the counsel appearing for the petitioners clarified that he does not subscribe to the allegations made in the complaint and that if such a complaint is found to be frivolous, necessary action must be taken.

The Court impleaded DPS Dwarka as a necessary party to the petition and said that an order will be passed, including on the aspect of grievances raised by school's counsel.

Yesterday, the Court had suggested the parents to deposit 50% of the hiked fee, subject to the outcome of the petition. However, the parents refused to the same.

It is the parents' case that various representations were given by them to the office of the Lieutenant Governor to examine and take over the school as per DSEAR, 1973, but no reply was received by them.

The plea alleged that the school is involved in “profiteering and commercialization, diversion of funds, non-compliance of the accounting standards and even not following the prudent accounting practice.”

It has been submitted that the children studying in the school have become a victim of the “indecisive attitude” of the office of the DOE and the same is causing a continuous and unending injury to the parents.

As per the plea, in May last year, the DoE directed the school to refund the excess and unapproved fee charged by them for the academic session 2022-23.

The plea added that the DoE again the same month had directed the management of DPS, Dwarka that the students are not put for any academic loss and there should not be any ill treatment to them and must be allowed the continue in the classes.

“On the one hand, the office of the DoE seems to be vigilant and is fully aware of the misconduct of the school and the record also reveals that the orders have been issued but the larger question is what is stopping the office of the DOE, Delhi to takeover after obtaining the approval from the office of the administrator, that is, the LG of Delhi who is appointed as administrator under Article 239AA of the Constitution of India,” the plea said.

Title: DIVYA MATTEY& ORS v. THE LIEUTENANT GOVERNOR AND THE NCT DELHI & ORS.