Followed due processes before expelling students, DPS-Dwarka tells Delhi high court

The school’s contentions came on a petition filed by parents of 32 students, whose names were struck off the rolls on May 9 and were not permitted to enter the premises on May 13

Delhi Public School, Dwarka, on Monday told the Delhi high court that it struck off the names of over 30 students over unpaid fees only after following due procedure of issuing show cause notices, emails, messages and phone calls, and that the dues amounted to ₹42 lakh until the 2024-25 academic year.

A high court bench of justice Sachin Datta heard the contentions and reserved the orders on the petition. (Representative photo/HT Archive)

The school’s contentions came on a petition filed by parents of 32 students, whose names were struck off the rolls on May 9 and were not permitted to enter the premises on May 13. As many parents refused to pay the hiked fees, citing a lack of approval from the directorate of education (DoE), the issue snowballed, with parents holding protests at the school and moving the court for relief.

A high court bench of justice Sachin Datta heard the contentions and reserved the orders on the petition.

In the proceedings, senior advocate Pinaki Mishra, appearing for the school, contended that the actions were justified as the management sent multiple reminder emails following a show cause notice under Rule 35 of the Delhi School Education Rules, 1973. Mishra contended that parents did not have a cogent reason for continued non-payment of the school fees, given that they failed to challenge the show cause notice.

Rule 35(4) of the Delhi School Education Rules, 1973, requires schools to provide a reasonable opportunity for parents or guardians to respond before striking off a student’s name from the rolls.

The school also clarified that while the parents’ petition alleged names of 32 students were struck off, the issue was currently confined to 31 students, as one student obtained a transfer certificate.

“Today, there is outstanding dues of approximately ₹42 lakhs ( ₹41,16,719 up to academic year 2024-25) due from these 31 students. Fee due notices have been given to the students. They (parents) haven’t paid (fees) despite reminder after reminder,” Mishra said.

He alleged that parents were indulging in “forum shopping” and abusing the process of law, since parents of over 100 students of DPS, Dwarka, filed a similar plea before another bench, in which judgment has been reserved.

To be sure, a bench of justice Vikas Mahajan on Friday reserved orders in a separate plea filed by parents of over 100 students of the school, urging the DoE and the lieutenant governor to take over a school’s administration. In the petition, parents had also sought for continued education for expelled students.

In their plea in the DPS issue, parents cited a high court order of April 16, when the court rebuked the school for confining students to the library over unpaid fees and warned that inability to pay did not justify harassment. At that time, the court described the treatment as “shabby and inhuman.”

“The actions of the school management are malicious, motivated by greed, and in complete defiance of judicial discipline, treating minor children as mere tools to arm-twist their guardians,” parents said in their plea.

On Friday, justice Datta deferred the decision to stay the move by Delhi Public School, Dwarka, to expel students, indicating that the school appeared to have violated legal procedures by failing to issue prior show cause notice.

Although the judge described it as an “open and shut case”, the court said it would await the outcome of the plea filed by over 100 parents before passing an interim order. The bench had then posted the matter for further hearing on Monday. In the hearing last week, justice Datta also rebuked the school for the timing of its action. “You could’ve waited for five working days. When the school was about to shut for vacation, you chose the last week. They’ve been ousted in the crucial last week. You derive some sadistic pleasure by depriving the students?” the bench said.

On Monday, Mishra told the court that the action was taken before the commencement of vacations to enable students to get admission to another school. “This is the time when fresh admissions take place in other schools. Instead of the midst, it’s the end of the session that we’ve taken this decision,” Mishra submitted.

He argued that the deployment of bouncers and security staff on the school premises was imperative in the wake of threats to kidnap students.

Mishra said that fees collected from students were the only source of income for the school and it was contending with a deficit of ₹31 crore for over 10 years. The lawyer also argued that the school’s society comprised various eminent personalities, such as BK Chaturvedi, former cabinet secretary to the Government of India being its chairman, and the society had no vested interest in charging extortionate fees to meet private ends.

The DoE, represented by standing counsel Sameer Vashisth, told the court that it issued an order last Thursday, directing the school to reinstate the 32 students, stating that the expulsions violated court orders.

The parents, represented by senior advocate Debal Banerjee, submitted that the school had failed to comply with various administrative and judicial orders directing it to not increase fees.