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Synopsis

The Delhi High Court, recently, slammed a school for taking any coercive or discriminatory action against its students who were allegedly in arrears of fees. The application was filed by the National Commission for Protection of Child Rights seeking a restraining order against the school from taking any coercive actions against the students, who are allegedly in arrears of fees.

It was brought to the attention of the court that an inspection of the concerned school was conducted under the chairmanship of the District Magistrate, along with a team comprising senior academicians and officials from the Directorate of Education, Delhi. The inspection report revealed a highly disturbing state of affairs. Due to an ongoing dispute regarding the fees chargeable, the school subjected several young students to indignity and harassment.

The inspection team visited the school at 11:00 AM on 4th April 2025 and found that certain students were confined to the school library. “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”, the inspection team informed. 

The court expressed its disapproval of such conduct and held that any issue regarding non-payment or partial payment of fees must be dealt with under the framework of the Delhi School Education Act, 1973, and the rules framed thereunder. The court stated that such disputes could not justify the harassment or discriminatory treatment of students.

Standing Counsel Sameer Vashisht, for the State, informed the court that a Show Cause Notice dated 8th April 2025 was issued to the school. The notice questioned why action under Section 24(3) of the Delhi School Education Act and Rule 56 of DSEAR, 1973 should not be initiated against the school. The school was given one week from the date of receipt to respond. The Directorate of Education was expected to adjudicate the matter expeditiously and in accordance with the law.

The court granted two weeks' time to the non-applicants to file their reply to the present application. It also directed that any objections raised by the petitioner’s senior counsel regarding the maintainability of the application or other matters should be addressed in the reply.

Meanwhile, as an interim measure, the court restrained the petitioner school from engaging in the conduct detailed in the inspection report. Specifically, the school was barred from:
“(i) confining the students in the library of the school;
(ii) preventing students from attending classes;
(iii) segregating the students who have not paid the fees;
(iv) preventing the said students from interacting with the other students;
(v) preventing the said students from having access to all amenities of the school.
(vi) subjecting such students to any other form of discrimination / Prejudice”. 

The court further directed the school to allocate appropriate sections to students who were promoted to the next class. It clarified that any fee-related dispute must not be used as a ground to deny such allocation. 

“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”, the court remarked. 

Additionally, the Directorate of Education and the concerned District Magistrate were directed to conduct regular inspections to ensure compliance with the Court’s directions. The matter was listed for the next hearing on 5 May 2025.

For NCPCR: Advocates Abhaid Paraikh, Katyayni Anand, Manish Gupta, Manoj Sharma, Aakanchha Jhunjhunwal and Sandeep Gupta 
For State: Standing Counsel Sameer Vashisht and Advocate Avni Singh
For DPS: Senior Advocate Puneet Mittal with Advocates R.P. Singh and Sakshi Mendiratta
For Parents: Advocate Manpreet Kaur
Case Title: National Commission For Protection Of Child Rights v Delhi Public School Dwarka (W.P.(C) 10434/2024)