Delhi High Court Allows DPS Dwarka Students To Continue Studies On Parents Depositing 50% Of Hiked School Fee

The Delhi High Court has directed that students of Delhi Public School (DPS) Dwarka, whose names were struck down from the school rolls, shall be allowed to continue their studies, subject to the parents depositing 50% of the hiked school fee for the academic years 2024-25 onwards.

Justice Vikas Mahajan passed the interim order in a plea moved by over 100 parents over the issue of school fee hike and the striking off of names of their wards from the school rolls.

The Court observed that the law permits the school to fix the fee fees as per its projected expenses without prior approval of the Delhi Government's Directorate of Education (DoE) but the statement of fee submitted by the school before the commencement of each academic session is subject to the decision of DoE.

It said that it is open to DoE to see whether such fixation is irrational or arbitrary which results in “profiteering” or “commercialisation” and if it finds the same in affirmative, it can pass an appropriate order, including an order rejecting enhancement of fee, with consequent direction to roll back the hiked fee.

Justice Mahajan noted that the issue regarding fee hike of DPS Dwarka concerning academic year 2023-24 has already been reviewed and rejected by the DoE. The Court noted that the said order was challenged by the school but no stay has been granted on the same.

The parents had sought the interim relief with regard to the subsequent academic years, including current year 2025-26.

The Court said that until and unless the DoE reviews the financial statements of the school and on its findings concerning the said academic years, and rejects the fee hike for the academic sessions 2024-25 onwards on the touch stone of “profiteering” and “commercialisation” of education, the law does not provide for any embargo on such enhancement of fee.

“In that view of the matter, the parents of the students studying in DPS- Dwarka ought to pay the fee as per the statements of fee submitted by the school for the academic sessions 2024-25 onwards, till the time the DoE takes a decision on the same, and further subject to the final outcome of the present writ petition,” the Court said.

It added: “Therefore, it is directed that the wards of the petitioners shall be allowed to continue their studies in their respective classes till the pendency of the present petition subject to the parents depositing 50% of the hiked school fee for the academic years 2024-25 onwards.”

The Court however clarified that the rebate of 50% is on the hiked component of the fee, the base fee shall be paid in full.

It added that the parties are at liberty to seek variation or modification of the directions in the altered circumstances.

The plea was filed by the parents seeking take over of the school by the Lieutenant Governor (LG) amid the issue of fee hike.

An urgent application was filed by the parents seeking a direction on DOE to ensure that the school shall strictly charge only the approved fee for the academic session 2025-26 and onwards.

While the Court passed the order in the interim relief application, it issued notice on the main writ petition filed by the parents.

The matter will now be heard on August 28.

In a related development, a coordinate bench had reserved judgment on another plea filed by parents of 32 students who were expelled by the school for non payment of fees.

Counsel for Petitioners: Mr. Manish Gupta, Mr. Sandeep Gupta, Ms. Deepti Verma, Mr. Rishabh Rai and Mr. Yeshraj, Advs

Counsel for Respondents: Mr. Pinaki Misra, Sr. Adv. with Mr. Puneet Mittal, Sr. Adv. with Mr. Bhuvan Gugnani, Ms. Sakshi Mendiratta, Mr. Sameer Vatts, Mr. Abhisumat Gupta, Mr. Rupender Sharma and Ms. Nupur Mantoo, Advs. for DPS Dwarka; Mr. Sameer Vashishtha, Standing Counsel for DoE

Title: DIVYA MATTEY AND ORS v. L G GNCTD AND ORS

Citation: 2025 LiveLaw (Del) 639

Click here to read order