School Fee Hike Row: Delhi High Court Reserves Order On Parents' Plea Against DPS Dwarka's Decision To Expel Students Over Non-Payment

The Delhi High Court on Monday (May 19) reserved orders in a petition filed by parents of 32 students who were expelled by Delhi Public School (DPS), Dwarka, for non payment of fees amid the ongoing fee hike issue.

Justice Sachin Datta heard the counsels appearing for the school and parents and reserved the order.

The verdict has been reserved in an application filed in a pending petition filed by DPS, Dwarka. The parents have sought uninterrupted continuation of the education of the children.

During the hearing today, the counsel appearing for the school submitted that out of the 32 students, one student has taken transfer to another school.

The counsel submitted that the decision was specifically taken at a time when the school would close for vacation, at the end of the session so that students do not suffer.

He said that the decision was taken now so that the students, who wish to leave the school, can do so by taking admission elsewhere.

It was further submitted that the prayers made in the application was identical to another petition filed by the parents pending adjudication before a coordinate bench. Order has been reserved in the interim application, the Court was informed.

It was also submitted that the school has been surviving with a deficit of Rs. 31 crores for over 10 years.

The counsel informed Court that the school had complied with Section 35(4) of the Delhi School Education Rules, 1973, and due notices were served on the parents.

The counsel appearing for the parents submitted that the school has not complied with various administrative and judicial orders directing it not to increase the fees.

The Court then reserved the order after hearing the parties.

Earlier, the Court had hinted at staying the school's order, noting 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.

A direction is sought by the parents 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