Delhi HC directs DPS Dwarka to let students continue studies, asks parents to deposit 50% of hiked fees

Indian Express

29-05-2025

Saying that there is no embargo on schools hiking fees, the Delhi High Court has directed Delhi Public School (DPS) Dwarka to allow the 102 students, whose parents had moved the court against a school fee hike, to continue their studies, subject to 50 per cent of the hiked school fee for the 2024-25 academic year being deposited.
In a May 16 order made public on Wednesday, Justice Vikas Mahajan said, '…the law as it stands today, permits the school to fix the fees as per its projected expenses without prior approval of the DoE [Directorate of Education].'
The court went on to add that the fee statement submitted by the school before the commencement of each academic session would be subject to the DoE's decision, as it has the authority to regulate the quantum of fee charged by unaided schools under Section 17(3) of the Delhi School Education Act.
Justice Mahajan reasoned, 'Thus, it is open to DoE to see whether such fixation is irrational or arbitrary which results in 'profiteering' or 'commercialisation'. If the DoE finds in affirmative, it can pass an appropriate order, including an order rejecting enhancement of fee with consequent direction to roll back the hiked fee.'
The court also 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 is further clarified that the dues in terms of the present order with regard to the wards of the petitioners shall be calculated after adjusting the excess fee collected for the year 2023-24, in terms of DoE's order dated 22.05.2024. The parties are, however, at liberty to seek variation or modification of the directions contained in the present order, in the altered circumstances,' Justice Mahajan said.
The parents of the 102 students had moved the Delhi High Court, seeking a direction to the DoE to examine the school's non-compliance with administrative orders issued by the DOE as well as judicial orders.
The parents had also highlighted that the school 'has again increased the fee suo-moto without the approval of the office of the Directorate of Education, Delhi for the academic year 2025-26 and the non-payment of this unapproved fees for the academic session 2025-26 is resulting into various coercive practices'.
The court also recorded that the school has to comply with a May 22, 2024, DOE order in the absence of a stay from the Delhi High Court, where the DOE had rejected the fee hike by the school for the academic year 2023-24.
'However, the interim relief sought by the petitioners in the present case with regard to the subsequent academic years including current year 2025-26 does not persuade this court inasmuch as nothing has been placed on record to show that the DoE has rejected the fixation of fee by the school for the academic session 2024-25 onwards,' Justice Mahajan recorded.
'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,' Justice Mahajan added.
'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 ruled.
The court also termed some of the parents' complaints filed with the Bar Council of India against Puneet Mittal, senior advocate appearing for DPS Dwarka, alleging misconduct under Section 35 of the Advocates Act, 1961, and for delaying the court proceedings, as 'unwarranted and unacceptable'.