The Delhi High Court on Friday signaled a possible stay on the expulsion of 32 students by Delhi Public School (DPS), Dwarka, in a case that has brought the contentious issue of unapproved school fees back into legal and public scrutiny.
Justice Sachin Datta, hearing a plea filed by the parents of the expelled students, deferred the matter to May 19 but observed that the school had prima facie not complied with the procedural safeguards mandated under the Delhi School Education Act. The court emphasized that the school failed to give parents a reasonable opportunity to respond before removing the students from the rolls, as required under Rule 35(4) of the Delhi School Education Rules, 1973.
“You produce the notices. Show me a notice where you informed the students that if you do not pay the fees, you will be off the rolls on May 13. I think I will stay this order immediately,” Justice Datta remarked during the proceedings, strongly indicating that the school’s action may be unsustainable for procedural non-compliance.
The parents told the court that they had paid the approved tuition fees but refused to pay additional unapproved charges levied by the school. The Delhi Government’s Directorate of Education (DoE), which intervened in the matter, supported the parents’ stand and confirmed it had issued an order on May 15 directing DPS Dwarka to immediately reinstate the expelled students.
“The stand of DoE is absolutely clear — you can’t charge even a single penny more than the approved fees,” the counsel for the Delhi Government asserted.
The DoE order further noted that the school’s actions were in violation of existing court directions, which prohibit fee hikes without approval and bar any discriminatory treatment of students over fee-related issues. The Directorate directed the school to withdraw its expulsion notice and ensure that no student faces discrimination.
In response, the school’s counsel argued that no court had mandated the re-enrolment of students without fee payment. The school also claimed that showcause notices had been issued, though the parents denied ever receiving them.
In a related development, another bench of the High Court led by Justice Vikas Mahajan heard a separate petition filed by 102 parents, seeking government intervention to take over the administration of DPS Dwarka. The petition alleged that students were being “harassed” for non-payment of unapproved fees and urged the Delhi Government and the Lieutenant Governor to act in the interest of student welfare.
Justice Mahajan directed the petitioners to implead the school as a party in their plea.
The ongoing legal battle highlights deepening tensions between private school managements and parents over fee structures and transparency, raising serious concerns about the accessibility and accountability of private education in the capital.
Further developments are awaited in the next hearing scheduled for May 19.
