Delhi HC asks parents to deposit 50% hiked fees, directs school to allow students in classes

The Hindu

29-05-2025

The Delhi High Court has directed over 100 parents, embroiled in fee dispute with Delhi Public School in Dwarka, to deposit 50 per cent of the hiked fees for academic year 2025-26 following which their wards will be allowed to continue their studies.
Justice Vikas Mahajan, in a May 16 order which was released on Wednesday night, clarified that the rebate of 50 per cent is on the hiked component of the fee and the base fee should be paid in full. The court passed the interim order on a petition by 102 parents seeking protection of their children amid the ongoing fee hike issue at DPS Dwarka and sought its takeover by the government and Lieutenant Governor in the capital.
The plea alleged that in the last few years, the school has pressured and used coercive methods to collect the unapproved fees from parents, who have insisted on not paying the unapproved fees. The high court said the interim relief sought by the petitioners in this case about academic year 2025-26 does not persuade it as nothing has been placed on record to show that the Delhi government's Directorate of Education (DoE) has rejected the fixation of fee by the school for the academic session 2024-25 onwards.
'Until and unless the DoE reviews the financial statements of the school and on its findings, rejects the statement of fee providing for enhancement for the academic sessions 2024-25 onwards on the touch stone of 'profiteering' and 'commercialisation' of education, the enunciation of law as noted above does not provide for any embargo on such enhancement of fee,' it said.
The court further said that 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 writ petition.
The court noted the submission of the counsel for the school that the institution is amenable to the petitioners paying 50 per cent of the hiked school fee. '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 per cent of the hiked school fee for the academic years 2024-25 onwards. It is clarified that the rebate of 50 per cent is on the hiked component of the fee, the base fee shall be paid in full,' it said.
The court also issued notice to the school, LG, and Delhi government on the main petition and asked them to file their replies within four weeks and listed the matter for hearing on August 28. The parents' counsel had said the school increased the fee by Rs 7,000 a month and now raised it by Rs 9,000 monthly.
The petition filed by 102 parents said they have submitted various representations to the office of LG, highlighting violations of land allotment clause by DPS Dwarka, and claimed non-compliance of orders passed by Delhi government's Department of Education (DoE).
The children, the plea pointed out, were harassed due to non-payment of unapproved fees. The DoE and LG were as a result sought to be directed to immediately take over the school for the safety of children. The petition further said the DoE again in May 28, 2024 order 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 they should be allowed to continue in the classes for their studies and appear in exams.
"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," it said.
Referring to another petition pending before a coordinate bench of the high court, the plea said the school was pulled up for treating students with "indignity" over a fee dispute by confining them in a library and not allowing them to attend classes or interact with peers.
The High Court in that case in April examined an inspection report of an eight-member committee led by the district magistrate (southwest), flagging several discriminatory practices against students. The report said the students were barred from attending regular classes and confined to the library, restricted access to the canteen, not allowed to communicate with friends and closely monitored by guards during washroom visits.