In a recent case that highlights the misuse of authority by educational institutions, the Delhi High Court strongly criticized Delhi Public School (DPS), Dwarka, for discriminating against certain students over alleged non-payment of fees. The Court, led by Justice Sachin Datta, took serious note of the school’s actions, calling it a “very disturbing state of affairs.”
The case emerged after a District Magistrate, along with senior academicians and officials from the Directorate of Education, conducted an inspection at DPS Dwarka. The inspection report exposed disturbing practices by the school, including:
- Denial of access to classes for students with alleged fee arrears.
- Restriction from visiting the school canteen.
- Prevention of interaction with classmates.
- Confinement of students to the school library.
- Escorting students to the washroom under guard supervision.
“The aforesaid inspection report reveals a very disturbing state of affairs inasmuch as in view of the subsisting controversy / dispute regarding the fees chargeable, the school is subjecting the concerned students, who are of tender age, to considerable indignity and harassment.” — Justice Sachin Datta
The inspection, conducted at 11:00 AM on April 4, 2025, found that several students were isolated in the school library and denied basic interaction and access to facilities.
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Taking immediate action, the High Court passed an interim order, restraining DPS Dwarka from engaging in the practices highlighted in the inspection report.
The court specifically barred the school from:
- Confining students in the library.
- Preventing attendance in regular classes.
- Segregating students based on fee status.
- Blocking access to school amenities.
- Stopping students from interacting with others.
- Engaging in any discriminatory or prejudicial acts.
Justice Datta emphasized that financial issues must be handled legally and cannot be a justification for mistreating children.
“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 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 Delhi government issued a Show Cause Notice (SCN) to DPS Dwarka, questioning why action should not be taken under:
- Section 24(3) of the Delhi School Education Act – allowing the government to direct a school manager to fix any defect found during inspection.
- Rule 56 of the Delhi School Education Rules – regarding suspension or withdrawal of recognition of the school.
The High Court directed the school to respond to the SCN, and ordered the Directorate of Education to adjudicate the matter swiftly.
In addition to halting discrimination, the Court made it clear that:
- DPS must allocate sections to all students who have been promoted to a higher class, irrespective of fee disputes.
- Fee-related issues must not interfere with academic assignments or promotions.
- The Directorate of Education and the District Magistrate must conduct regular inspections to ensure that the Court’s orders are followed in letter and spirit.
“The Directorate of Education and the District Magistrate concerned shall conduct regular inspections to ensure that the above directions are complied with.”
The Court listed the matter for the next hearing on May 5, keeping a close watch on the issue to ensure compliance and protect the rights of students.
Case title: Delhi Public School Dwarka vs. National Commission For Protection Of Child Rights And Ors (W.P.(C) 10434/2024)
