Delhi HC allows DPS Dwarka students back in class, Orders 50% payment of hiked fees

Time of India

29-05-2025

The
Delhi High Court
has allowed students of Delhi Public School (DPS), Dwarka—whose names were struck off the rolls for non-payment of hiked fees—to continue attending classes, subject to partial fee payment.
Justice Vikas Mahajan, while hearing a petition filed by over 100 parents, directed that the students be readmitted on the condition that 50% of the increased fee for academic years 2024–25 onwards is deposited.
Background: Fee hike and expulsion row
The dispute traces back to May 9, when parents received email notifications informing them that their children's names had been removed from the rolls due to alleged non-payment of school fees. The action, according to the plea, followed the school's decision to raise monthly fees, first to ₹7,000 and then to ₹9,000.
Parents alleged coercive measures had been used in recent years to collect unapproved fees—including deploying bouncers at school gates.
The plea submitted to the court accused the school of violating land allotment conditions and claimed repeated non-compliance with directions issued by the Directorate of Education (DoE). The parents further questioned the legitimacy of the Delhi government's audit into the school's finances, calling it insufficient and lacking transparency.
They demanded both a forensic audit and an audit by the Comptroller and Auditor General (CAG) of India, insisting the findings be made public before any fee hike is accepted.
Court's observations and interim arrangement
Justice Mahajan noted that while private unaided schools are permitted to determine fees based on projected expenses without prior DoE approval, such fee statements are ultimately subject to DoE's review. If found irrational or amounting to profiteering or commercialisation, DoE is empowered to reject the enhancement and order a rollback.
The court recorded that the DoE had already rejected the fee hike for the academic year 2023–24, and though the school challenged this order, no stay was granted. The interim relief sought by parents pertained to the subsequent academic years, including 2024–25 and the current year, 2025–26.
In its order, the court held that in the absence of a DoE decision rejecting the fee hike for these years, the parents are required to pay as per the school's submitted fee statements.
Accordingly, it directed that the students be allowed to continue in their respective classes on the condition that 50% of the hiked fee component is paid, while the base fee must be deposited in full. The court added that this arrangement will remain in force until the final disposal of the writ petition.
Pending matters and future proceedings
An urgent application was also filed by the petitioners, seeking instructions to ensure the school charges only DoE-approved fees for academic session 2025–26 and onwards.
The court issued notice on the main writ petition and scheduled the next hearing for August 28.
In a related development, a coordinate bench has reserved its judgment on a separate petition involving 32 students who were also expelled over non-payment of fees.
Policy context
This legal battle coincides with the Delhi government's proposal of a new law aimed at curbing arbitrary fee hikes in private schools. The draft legislation includes setting up fee regulation committees at the school, district, and state levels, with penalties for coercive actions like denying students entry to classrooms.
As the matter progresses in court, the outcome may have broader implications for fee regulation in Delhi's private education sector.
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