The Delhi Public School (DPS) Dwarka on Thursday apprised the Delhi High Court that it has withdrawn its decision to suspend 32 students over non-payment of fees after an increase in them.
The single-judge Bench of Justice Sachin Datta was set to deliver its decision on the issue today when it was informed that the school has withdrawn its order suspending the students.
Taking note of the development, the High Court said it would pass an appropriate order accordingly.
The single-judge Bench was hearing a petition filed by the parents of 32 students allegedly expelled by DPS Dwarka for non-payment of fees. The petitioners argued that the decision was contrary to the High Court’s earlier order, which had protected the interests of the students.
The parents claimed that bouncers were placed outside the school to stop these students from entering the premises. They further alleged that despite several reminders, the school deliberately did not encash the cheques submitted to pay the fee approved by the government authorities.
The application was filed in a pending petition moved by DPS against the order of the National Commission for Protection of Child Rights (NCPCR), which had directed the Delhi Police to register a first information report (FIR) against the school on the grounds that the school had confined the students to the library, named them publicly and expelled a few of them for non-payment of fees.
In one instance, a girl was denied help during menstruation because her fee was due.
The High Court later stayed the direction to register an FIR against the school. Earlier on April 16, the High Court had severely criticised the school over its decision to segregate and harass students who did not pay the fee. The school was ordered not to stop any student from attending classes.
On May 16, the High Court reserved its verdict on a separate petition moved by over 100 parents seeking directions to the Lieutenant Governor (LG) to take over the Delhi Public School, Dwarka, in the wake of exorbitant fee hike by the school, allowed the students to be reinstated to their classes, provided that their parents deposit 50 percent of the hiked fee.
The authorities apprised the single-judge Bench of Justice Vikas Mahajan that the school has permitted the students to attend the classes, following a directive issued by the Department of Education under the Delhi government on May 15.
As per the DoE order, the school was asked to withdraw the order given to the parents regarding striking off the names of their wards from the school rolls on account of non-payment of the hiked fee.
The school was further directed to take back on the school’s rolls, the names of the students, struck down for non-payment of fee. The school was directed not to harass the students and restrain from taking any coercive action against them.
At the outset, the Counsel appearing for the school told the Court that one of the petitioners had written a complaint to the Bar Council of Delhi against a senior lawyer representing the school, terming it as ‘intimidation’ of the Counsel.
The Counsel appearing for the petitioners clarified that he did not subscribe to the allegations made in the complaint and that if such a complaint was found to be frivolous, necessary action must be taken.
The Court impleaded DPS Dwarka as a necessary party to the petition and said that an order will be passed, including on the aspect of grievances raised by the school’s Counsel.
Earlier on May 15, the single-judge Bench had suggested that the parents deposit 50 percent of the hiked fee, subject to the outcome of the petition. However, the parents refused to do the same.
The parents contended that various representations were given to the office of the Lieutenant Governor to examine and take over the school as per DSEAR, 1973, but no reply was received.
The petition alleged that the school was involved in profiteering and commercialization, diversion of funds, and non-compliance with accounting standards. The school was not even following the prudent accounting practice, noted the plea.
The parents submitted that the children studying in the school became victims of the ‘indecisive’ attitude of the office of the DOE. This was also causing a continuous and unending injury to the parents, they added.
The petition claimed that in May, 2024, the DoE directed the school to refund the excess and unapproved fee charged by them for the academic session 2022-23.
In the same month, the DoE again directed the management of DPS, Dwarka, to ensure that the students did not put face any academic loss and there should not be any ill treatment to them. The students must be allowed to continue the classes, it added.
The parents alleged in the petition that the office of the DoE was vigilant and fully aware of the misconduct of the school.
The records also revealed that the orders have been issued, however, the larger question was what was stopping the office of the DOE, Delhi to takeover after obtaining the approval from the office of the Delhi LG, who was appointed as administrator under Article 239AA of the Constitution, they added.