Delhi HC Directs DPS Dwarka to Reinstate Students, Asks Parents to Pay 50% of Fee Hike

Amid a fee dispute, the Delhi High Court recently allowed students of Delhi Public School, Dwarka, whose names were struck off, to continue their studies, subject to the condition that parents must pay 50% of the increased portion of the fee for academic years 2024–25 onwards.

"It is directed that the wards of the petitioners shall be allowed to continue their studies in their respective classes till the pendency of the present petition, subject to the parents depositing 50% of the hiked school fee for the academic years 2024-25 onwards," a bench led by Justice Vikas Mahajan directed.

The Court was hearing a plea filed by over 100 parents of DPS Dwarka students, challenging the school’s demand for a hiked fee and seeking relief after their children's names were struck off the school rolls due to non-payment.

The petitioner-parents before the High Court contended that the Directorate of Education (DoE) passed an order wherein it had rejected DPS Dwarka's proposed fee hike for the academic year 2023–24. Despite the said order, the parents argued that the school continued demanding the hiked fee and struck off students’ names who didn’t pay.

Weighing the contentions, the Court explained the legal framework governing private unaided schools like DPS Dwarka and said that such schools are allowed to fix their fees based on projected expenses without prior approval from the DoE.

However, the Court also clarified that the DoE has the power to review the fee structure under Section 17(3) of the Delhi School Education Act. The Court said that the DoE can examine whether the fee hike is arbitrary, irrational, or amounts to “profiteering” or “commercialisation” of education. If, upon such finding, the answer is in the affirmative, the DoE has the power to pass an appropriate order.

While referring to the order passed by DoE concerning the academic year 2023–24, the Court noted that it had already examined the issue and rejected the fee hike after analysing the audited financial statements of the school. Although the school has challenged the said order, the Court has not granted any stay. Therefore, the school is legally bound to follow the DoE’s order as it stands.

Noting that the petitioners have also sought interim relief with respect to the subsequent academic years, including the current year 2025–26, the Court held that the DoE has not yet rejected the fixation of fee by the school for the academic session 2024–25 onwards. Therefore, the school is legally allowed to charge the projected fee for these years until the DoE intervenes.

“Until and unless the DoE reviews the financial statements of the school and, on its findings, rejects the statement of fee... the law does not provide for any embargo on such enhancement,” the Court held

After taking note of the submission made by senior advocates Pinaki Misra and Puneet Mittal, appearing on behalf of DPS Dwarka, who, on instructions, stated that the school is amenable to the petitioners paying 50% of the hiked school fee, the Court passed an interim direction allowing the same.

The matter will now be heard next on August 28.

Case Title: DIVYA MATTEY AND ORS vs L G GNCTD AND ORS