Schools Must Educate, Not Operate Like Businesses: Delhi HC on DPS Fee Hike
While criticising Delhi Public School (DPS), Dwarka, for engaging bouncers to block students from entering the school premises over non-payment of fees, the Delhi High Court has recently remarked that schools must educate and not function like businesses.
While terming the practice of employing bouncers reprehensible, a bench led by Justice Sachin Datta observed, "Such a practice has no place in an institute of learning. It reflects not only disregard to the dignity of a child but also a fundamental misunderstanding of a school’s role in society."
Observing that public shaming and intimidation of a student on account of financial default not only amounts to mental harassment but also undermines the psychological well-being and self-worth of a child.
"The use of bouncers fosters a climate of fear, humiliation and exclusion that is incompatible with the fundamental ethos of a school," the court held.
The court was dealing with a plea filed by the parents of DPS Dwarka students. According to the plea, it was alleged that the school violated a prior court order dated April 16, 2025, by striking off the names of 31 students without any prior intimation or reasoned order.
The plea before the court had also claimed that the school used coercive tactics, including deploying bouncers and forcing children to remain inside buses for hours, after barring their entry.
It was the parents' case that the school acted in an arbitrary manner, violating principles of natural justice. It was also contended that the removal of students jeopardised their academic future.
The parents further argued that the school had refused to debit fee payments made by cheques and deliberately avoided accepting subsequent fee payments to mount pressure.
On the other hand, the petitioner school had argued that the issue relating to fee fixation is pending before a coordinate bench in Divya Mattey and Ors. v. LG GNCTD & Ors.
It was contended that, as per the coordinate bench's interim order, parents were required to pay 50% of the hiked fee until a final DOE decision.
After weighing the contentions of both sides, the court was of the opinion that the school had withdrawn strike-off orders and reinstated the students; therefore, the contempt issue became moot.
However, the court also clarified that if in future the school seeks to act under Rule 35 of the Delhi School Education Rules, it must follow due process. It must issue prior communication to concerned students or their parents and give them a reasonable opportunity.
Noting that a school, though it charges fees, cannot be treated as a pure commercial entity, the court emphasised that its driving force and character are rooted not in profit maximisation but in public welfare, nation-building, and the holistic development of children, and not in operating as a business enterprise.
While acknowledging that the school is entitled to charge appropriate fees, the court, however, said the school is different from a normal commercial establishment, inasmuch as it carries with it fiduciary and moral responsibilities towards its students.
While parting with the matter, the court held, "It must also be emphasised that the concerned parents are obliged to adhere and comply with the orders passed by this Court as regards payment of requisite fees to the school. The judgment/order dated 16.05.2025 passed by a coordinate Bench of this Court in W.P.(C) 6500/2025 and CM APPL.29605/2025, gives clear and cogent directions as to the amount of the fees which is to be payable."
Case Title: DELHI PUBLIC SCHOOL DWARKA versus NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS AND ORS