'Very Disturbing State Of Affairs': Delhi HC Raps DPS Dwarka For Discriminating Against Students Over Alleged Non-Payment Of Fees

Justice Sachin Datta took note of an inspection conducted by a District Magistrate along with senior academicians and officials of the Directorate of Education, which indicated prejudicial treatment by DPS, Dwarka against its students. As per the Inspection Report, students were not allowed to attend classes or visit the school's canteen and were confined to the school library.

They were not allowed to interact with their classmates and were further escorted by guards to visit the washrooms.

“The aforesaid inspection report reveals a very disturbing state of affairs inasmuch as in view of the subsisting controversy / dispute regarding the fees chargeable, the school is subjecting the concerned students, who are of tender age, to considerable indignity and harassment. It is noticed that the inspection report reveals that when the inspection team reached the school at 11.00 AM on 04.04.2025, it found that certain students had been confined to the library, having not been allowed to attend regular classes. These students were also not allowed to visit the canteen of the school, and even interaction with their friends/ classmates was inhibited. Even for the purpose of going to the washroom, these students are escorted by guards/ attendants, and their free movement is restricted.”

Thus as an interim measure, the high court restrained the school to indulge in any conduct as mentioned in the DM's inspection report–including "confining the students in the library of the school, preventing students from attending classes, segregating the students who have not paid the fees, preventing the said students from interacting with the other students, preventing the said students from having access to all amenities of the school, subjecting such students to any other form of discrimination /prejudice". 

The petitioners approached the Court to restrain the Delhi Public School Dwarka (DPS) from taking any coercive action/discriminatory steps against the students.

The High Court noted that any issues regarding non-payment of fees has to be addressed as per the Delhi School Education Act 1973 and Rules. It stated that non-payment of fees cannot be a justification for harassing or subjecting students to discrimination.

“This Court is unable to countenance such conduct. Any issue that the school may have as regards non-payment/ deficit payment of fees, has to be addressed in the framework of the provisions of the Delhi School Education Act, 1973, the rules framed thereunder and in terms of direction/s that may be issued in the pending judicial proceedings as regards thereto. The same cannot possibly serve as a justification for indulging in harassment of the students and/ or subject them to discrimination/ indignity within the school premises, as a device or means to recover any outstanding fees.”

The Court noted the Delhi government had sent a Show Cause Notice (SCN) to DPS asking as to why action under Section 24(3) of Delhi School Education Act (directions to school manager to rectify any defect found at inspection) read with Rule 56 of Delhi School Education Rules (suspension or withdrawal of recognition) be not taken against it. The Court directed DPS to respond to the SCN and the Directorate of Education to adjudicate the show cause expeditiously.

It stated that DPS shall allocate sections to students who have been promoted to a higher class and that any dispute regarding fees shall not be a ground for not doing so.

The court further directed the Delhi government's Directorate of Education and the concerned District Magistrate to "conduct regular inspections to ensure that the above directions are complied with". 

The matter is next listed on May 5. 

Case title: Delhi Public School Dwarka vs. National Commission For Protection Of Child Rights And Ors

Citation: 2025 LiveLaw (Del) 449

Appearances: Mr. Puneet Mittal, Sr. Adv., Mr. RP Singh, Ms. Sakshi Mendiratta for DPS; Mr. Sameer Vashisth and Ms. Avni Singh for GNCTD; Mr. Satya Ranjan Swain, Mr. Ankush for DOE; Mr. Manish Gupta, Mr. Manoj Sharma, Ms. Manpreet Kaur, Mr. Prateek Dhankhar for Parents/Students