The Delhi High Court has reprimanded Delhi Public School, Dwarka for segregating students over non-payment of fees observing that the school is subjecting them to indignity and harassment at a tender age.

The Court was considering an Application seeking appropriate directions to be issued, restraining the Petitioner school from taking any coercive action/ discriminatory steps against the Students who are allegedly in arrears of fees.

The single bench of Justice Sachin Dutta observed, "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 Petitioner was represented by Senior Advocate Puneet Mittal while the Respondent was represented by Advocate Abhaid Paraikh.

It was the Applicant's case that the inspection report of the School revealed a very disturbing state of affairs in as much as in view of the subsisting controversy / dispute regarding the fees chargeable, the School was subjecting the concerned students, who are of tender age, to considerable indignity and harassment. It was stated that when the inspection team reached the school, 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 were escorted by guards/ attendants, and their free movement was restricted.

Counsel for the GNCTD informed that a Show Cause Notice has been issued to the school asking as to why the action under Section 24(3) of Delhi School Education Act and Rules, 1973 read with Rule 56 of DSEAR, 1973 be not taken against the said school. A report has been sought on the same within a period of one week from the date of receipt of the said SCN.

Noting that it is unable to countenance such conduct, the Court restrained the School from indulging in the kind of conduct referred to in the inspection report.

"The school will also allocate section/s to students who have been promoted to the next/ higher class; any controversy/ dispute as regards fees shall not be a ground for not doing so. As observed herein above, any controversy/ dispute as regards the fees to be charged by the school shall be resolved in the manner contemplated under the statute and the rules framed thereunder, and/or in terms of direction/s issued in pending judicial proceedings, where the said issue is under consideration," the Court observed.

The Petition was accordingly listed for May 5th, 2025.

Cause Title: Delhi Public School Dwarka vs. National Commission For Protection Of Child Rights and Ors.

Appearances:

Petitioner- Senior Advocate Puneet Mittal, Advocate R.P. Singh, Advocate Sakshi Mendiratta

Respondent- Advocate Abhaid Paraikh, Advocate Katyayni Anand, Senior Counsel Sameer Vashisht, Advocate Avni Singh, Special Public Counsel Satya Ranjan Swain, Advocate Ankush Kapoor, Advocate Prateek Dhankhar, Advocate Manpreet Kaur, Advocate Manish Gupta, Advocate Manoj Sharma, Advocate Aakanchha Jhunjhunwal, Advocate Sandeep Gupta

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Delhi High CourtJustice Sachin Datta

Sheetal Joon