Delhi High Court: A petition was filed by Delhi Public School, Dwarka (applicant) seeking that appropriate directions be issued, restraining the petitioner school from taking any coercive action/discriminatory steps against the students at the petitioner school, who are allegedly in arrears of fees. Sachin Datta, J., restrained the school from confining students in the library, preventing them from attending classes, segregating students based on fee payment status, restricting interaction with fellow students, denying access to school amenities and subjecting them to any other form of discrimination or prejudice.
The matter pertains to DPS, Dwarka, which became the subject of complaints lodged by several parents regarding alleged irregularities. These included the unauthorized hike in school fees and the reported harassment and discrimination meted out to students for non-payment of such fees. The complaints attracted the attention of the competent authorities, prompting the constitution of an inspection committee under the Chairmanship of the District Magistrate (South-West), Delhi. The committee’s visit to the school on 04-04-2025 uncovered troubling findings: several students had been confined to the school library and denied access to regular classrooms, the canteen, and their peers. It was further alleged that even restroom access was heavily monitored by guards or attendants. These students had been kept in such a state of confinement since 20-03-2025, reportedly as a punitive measure for arrears in fee payments linked to the unauthorized hike. The Vice Principal of the school claimed she would furnish a written report upon obtaining permission from school management, while the librarian and principal declined to provide written statements. Nonetheless, the students’ written statements corroborated the allegations of exclusion and discriminatory treatment.
The inspection committee’s report emphasized that such treatment was an outcome of ongoing disputes between parents and the school management and strongly recommended that students not be made scapegoats in these financial or administrative tussles. The committee proposed immediate reintegration of affected students into regular classes and sought expedited resolution of the fee dispute pending with the Directorate of Education. The petitioner school approached the Court through the present writ petition primarily to challenge the proceedings arising from the complaints and inspections, especially those prompted by the National Commission for Protection of Child Rights (NCPCR) and related stakeholders. Simultaneously, a civil miscellaneous application was moved seeking directions to restrain the school from undertaking coercive or discriminatory action against students over the non-payment of the disputed fees.
Counsel for the Government of NCT of Delhi informed the Court that a show-cause notice had been issued to the petitioner school on 08-04-2025 under Section 24(3) of the Delhi School Education Act, 1973 read with Rule 56 of the DSEAR, 1973. The school was directed to respond within one week. The GNCTD assured the Court of expeditious adjudication of the notice.
The Court highlighted that any grievance related to fee arrears must be addressed strictly within the legal framework laid down under the Delhi School Education Act, 1973 and its Rules, or in accordance with directions issued in judicial proceedings, if any. The educational institution cannot under any circumstance use coercive measures involving minor students as leverage in disputes.
The Court remarked that “Any issue that the school may have as regards non-payment/ deficit payment of fees, has to be addressed in the framework of the provisions of the Delhi School Education Act, 1973, the rules framed thereunder and in terms of direction/s that may be issued in the pending judicial proceedings as regards thereto. The same cannot possibly serve as a justification for indulging in harassment of the students and/ or subject them to discrimination/ indignity within the school premises, as a device or means to recover any outstanding fees.”
The Court held that in the meantime, as an interim measure, in view of the aforesaid circumstances, the petitioner school is restrained from indulging in the kind of conduct referred to in the inspection report viz.
(i) confining the students in the library of the school;
(ii) preventing students from attending classes;
(iii) segregating the students who have not paid the fees;
(iv) preventing the said students from interacting with the other students;
(v) preventing the said students from having access to all amenities of the school.
vi) subjecting such students to any other form of discrimination / prejudice
The Court directed the school to allocate sections to students promoted to the next/higher class, irrespective of fee disputes and the fee dispute must be resolved strictly in accordance with the Delhi School Education Act, 1973 and Rules, or as per directions in pending judicial proceedings. The Court also directed the Directorate of Education, and the District Magistrate to conduct periodic inspections to ensure that the school strictly adheres to these directions and avoids any form of retaliation against the students.
The matter is posted for the next hearing on 05.05.2025.
[DPS Dwarka v. National Commission for Protection of Child Rights, W.P.(C) 10434/2024, decided on 16-04-2025]
Advocates who appeared in this case :
Mr. Puneet Mittal, Sr. Adv., Mr. R.P. Singh and Ms. Sakshi Mendiratta, Advocates for petitioner
Mr. Abhaid Paraikh and Ms. Katyayni Anand, Advs. for R-1. Mr. Sameer Vashisht, SC and Ms. Avni Singh, Adv. for GNCTD. Mr. Satya Ranjan Swain, SPC, Mr. Ankush Kapoor, Adv. with SI MaheshYadav. Mr. Prateek Dhankhar, Advs Ms. Manpreet Kaur, Adv. for parent for Karandeep Singh, Karman Singh. Mr. Manish Gupta, Mr. Manoj Sharma, Ms. Aakanchha Jhunjhunwal and Mr. Sandeep Gupta, Advs. for applicant
