In a significant interim relief, the Delhi High Court has allowed students of Delhi Public School (DPS), Dwarka to continue their studies, provided their parents deposit 50% of the hiked school fee for the academic years 2024–25 onwards.
The order came from Justice Vikas Mahajan in response to a writ petition filed by over 100 parents challenging the arbitrary fee hike and the subsequent removal of their children from school rolls.
"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," the Court said.
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The dispute began when the Directorate of Education (DoE) rejected the fee hike proposal for the academic year 2023-24. Despite this, the school allegedly continued charging higher fees and struck off names of students who didn’t comply. This led to multiple complaints and legal challenges from parents.
"The school has not refunded unapproved fees and has been removing students from classes. Such actions are unjust and have caused academic loss," argued the petitioners.
The Court noted that while schools have the right to determine fees based on projected expenses, the DoE retains the authority to reject irrational or arbitrary hikes that lead to “profiteering” or “commercialisation” of education.
The DoE had issued several orders against the school, including one dated 22.05.2024, which instructed DPS Dwarka not to increase fees and to refund any excess amount charged. However, the school failed to comply, prompting further directives.
In another concerning development, it was found that some students were made to sit in the library instead of attending regular classes due to non-payment of hiked fees.
“Confiscating student access to education due to fee disputes cannot be accepted. Education must not be used as a tool of discrimination,” stated the Court.
The Court clarified that the 50% payment applies only to the hiked portion of the fee, and the base fee must be paid in full. It also allowed adjustment of excess fees collected in 2023–24 against current dues.
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Additionally, the court took note of an unrelated complaint by some parents against a senior advocate and found it inappropriate. The judge emphasized that respect must be maintained towards legal professionals.
“Such complaints are unwarranted and based on misreading of court orders,” the Court observed.
The main writ petition will now be heard on August 28, 2025. Until then, students can continue their education without interruption, subject to partial fee payment.
Title: DIVYA MATTEY AND ORS v. L G GNCTD AND ORS
Counsel for Petitioners: Mr. Manish Gupta, Mr. Sandeep Gupta, Ms. Deepti Verma, Mr. Rishabh Rai and Mr. Yeshraj, Advs
Counsel for Respondents: Mr. Pinaki Misra, Sr. Adv. with Mr. Puneet Mittal, Sr. Adv. with Mr. Bhuvan Gugnani, Ms. Sakshi Mendiratta, Mr. Sameer Vatts, Mr. Abhisumat Gupta, Mr. Rupender Sharma and Ms. Nupur Mantoo, Advs. for DPS Dwarka; Mr. Sameer Vashishtha, Standing Counsel for DoE
