The Delhi High Court, on Friday, signaled its intention to stay the decision by Delhi Public School (DPS), Dwarka, to expel 32 students due to a fee-related dispute. The case, brought forward by the students' parents, highlights the ongoing tensions around school fee hikes and their impact on children’s right to education.
Justice Sachin Datta presided over the matter, expressing concerns about whether DPS had complied with the Delhi School Education Act. The law mandates that parents be given a fair chance to explain their position before such a drastic step like expulsion is taken. Justice Datta questioned the school’s actions, pointing out that no clear show-cause notice had been issued to the students or their families.
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“You produce the notices. Show me a notice where you informed the students that if you do not pay the fees, you will be off the rolls on May 13. I think I will stay this order immediately,” remarked Justice Datta during the hearing.
The court has deferred its final decision to Monday, May 19, indicating it would pass a formal order after further hearing. This pause gives hope to the affected families that their children might be reinstated.
Meanwhile, the Directorate of Education (DoE) of the Delhi Government stepped in with an order instructing the school to immediately withdraw the expulsion. The DoE directed DPS Dwarka to reinstate all 32 students and refrain from taking any further coercive or harassing action.
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The school's legal team, however, argued there was no binding judicial direction forcing them to re-enroll students without payment of the revised fee. This argument was met with firm questioning from the court, especially regarding the school's failure to issue proper notices under Rule 35(4) of the Delhi School Education Rules, 1973.
“This order (of the school) has to go for non-compliance with Rule 35 (4),” said Justice Datta, making the court’s stance clear.
The issue is broader than just these 32 students. A related plea filed by over 100 parents seeks intervention by the Lieutenant Governor (LG) to take control of the school due to its conduct surrounding the fee hike.
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These parents have also requested the court to ensure their children’s uninterrupted education and protection from discrimination. They have urged the DoE and local authorities to implement the court’s earlier order from April 16, which criticized DPS Dwarka for treating students differently based on fee payment status.
The court’s earlier interim order prohibited the school from “confining the students in the library, preventing them from attending classes, segregating them, or denying them access to school amenities.”
The parents alleged that despite this order, the school continued to act unfairly—isolating students, barring them from using the canteen, and limiting social interaction, all over unpaid fees.
As the final hearing approaches, all eyes are on the Delhi High Court’s next move.
Case title: Delhi Public School Dwarka vs. National Commission For Protection Of Child Rights And Ors
