Bouncers at school to block entry of students reprehensible: HC pulls up DPS Dwarka amid fee hike row
A reprehensible practice like deploying bouncers to block entry of students has no place in an institute of learning, the Delhi High Court said on Thursday as it pulled up DPS Dwarka for disregarding the dignity of a child, and expressed 'dismay' amid a row over the fee hike issue. 'Public shaming or intimidation of a student on account of financial default, especially through force or coercive action, not only constitutes mental harassment but also undermines the psychological well-being and self-worth of a child,' the High Court underlined.
Justice Sachin Datta recorded the observations in a verdict while deciding an application moved by parents of 32 students who were expelled by the school over non-payment of pending dues.
Noting that DPS Dwarka had subsequently withdrawn the expulsion order and had reinstated the students, making the application moot, the court observed, 'This court is also constrained to express its dismay at the alleged conduct of the petitioner school in engaging bouncers to physically block entry of certain students into the school premises.'
'Such a reprehensible practice has no place in an institute of learning. It reflects not only disregard to the dignity of a child but also a fundamental misunderstanding of a school's role in society. The use of bouncers fosters a climate of fear, humiliation and exclusion that is incompatible with the fundamental ethos of a school,' the court underlined.
The court also reiterated that a school 'cannot be equated with a purely commercial establishment' as a school is 'rooted not in profit maximisation but in public welfare, nation building and the holistic development of children.'
'The primary objective of a school is to impart education and inculcate values, not to operate as a business enterprise…The school, no doubt, is entitled to charge appropriate fees, especially given the financial outlay required to sustain infrastructure, remunerate staff and provide a conducive learning environment. However, the school is different from a normal commercial establishment, since it carries with it fiduciary and moral responsibilities towards its students,' the court recorded.
The bench further underlined that in case the school decides to take any action in future under Rule 35 of the Delhi School Education Rules, 1973, which deals with striking off of students from the school's roll, it will issue a prior communication – specifically putting the students concerned or their parents or guardians to notice — as to the date on which the students are proposed to be struck off the rolls. The school is bound to give a reasonable opportunity to show cause against such action, the court said.
Disposing of the application, the High Court emphasised that the parents concerned 'are obliged to adhere and comply with the orders passed by this Court as regards payment of requisite fees to the school.'
Earlier on May 16, the High Court, observing that there is no embargo on schools hiking fees, had directed DPS Dwarka to allow the 102 students, whose parents had moved the court against the fee hike, to continue their studies, provided they deposit 50% of the hiked school fee for the 2024-25 academic year.
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