NEW DELHI| 4TH JUNE 2025
In a strongly worded judgment, the Delhi High Court on Thursday condemned Delhi Public School (DPS), Dwarka for allegedly deploying bouncers to prevent students from entering school premises due to non-payment of academic fees. The Court observed that such actions amount to mental harassment and severely impact the psychological well-being of children.
COURT LABELS ACTION AS “REPREHENSIBLE”
Justice Sachin Datta, while hearing an application filed by parents of 32 (later clarified to 31) students allegedly expelled from the school, expressed dismay at DPS Dwarka’s alleged conduct.
“Such a reprehensible practice has no place in an institute of learning. It reflects not only disregard to the dignity of a child but also fundamental misunderstanding of a school’s role in the society. Public shaming/intimidation of a student on account of financial default, especially through force or coercive action, not only constitutes 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.”
Schools Are Not Pure Commercial Entities, Says Court
Emphasizing the societal role of educational institutions, Justice Datta added:
“A school though charges fees for the services rendered, cannot be equated with a pure commercial establishment. The driving force and character of a school (particularly a school such as the petitioner, which is run by a pre-eminent society) is rooted not in profit maximisation but in public welfare, nation building and the holistic development of children. The primary objective of a school is to impart education and inculcate values, not to operate as a business enterprise.”
BACKGROUND OF THE CASE
The issue arose from claims made by parents that DPS Dwarka expelled students over non-payment of fees, and even used bouncers to block entry. The parents alleged:
Students were confined to the library and publicly named over unpaid fees.
In one shocking incident, a girl was denied menstrual hygiene assistance because her fee was pending.
Despite submitting cheques as per government-approved fee structures, the school did not encash them.
Earlier High Court Orders
On May 16, a co-ordinate bench of the Delhi High Court ordered that the affected students be reinstated upon payment of 50% of the hiked fee.
Following this, DPS issued a notification on June 4 reinstating the students, contingent on compliance with the court’s fee payment directive.
During the June 5 hearing, Justice Datta noted:
“Since the impugned order/s whereby the name of 31 children had been struck off the rolls of the school, has been withdrawn and the concerned students have been reinstated, the controversy raised in the present application has become moot.”
COURT REITERATES FIDUCIARY DUTY OF SCHOOLS
The judgment further highlighted that schools, while entitled to collect fees, are entrusted with fiduciary and moral responsibilities.
“The school, no doubt, is entitled to charge appropriate fees, especially given the financial outlay required to sustain infrastructure, remunerate staff and provide a conducive learning environment. However, the school is different from a normal commercial establishment, inasmuch as it carries with it fiduciary and moral responsibilities towards its students.”
The Court also reminded parents of their obligation to comply with the High Court’s previous orders on fee payment.
HOPE FOR MUTUAL COOPERATION
In conclusion, Justice Datta expressed hope that both school authorities and parents would cooperate:
“The school as well as the parents will act with circumspection and cooperate with each other with a view to advance the interest of the concerned students.”
PARTIES AND LEGAL REPRESENTATION
DPS Dwarka was represented by Senior Advocates Pinaki Misra and Puneet Mittal, along with Advocates Bhuvan Gugnani, Sakshi Mendiratta, and Nupur Mantoo.
The parents were represented by Advocates Manoj K. Sharma, Manish Gupta, Vivek Chandrasekhar, Akanchha Jhunjhunwala, Deepti Verma, and Sandeep Gupta.
NCPCR was represented by Advocates Abhaid Parikh, Rishabh Dubey, and Garima Sardana.
Department of Education was represented by Standing Counsel Sameer Vashishtha with Advocate Avni Singh.
Delhi Police was represented by Senior Panel Counsel Satya Ranjan Swain and Panel Counsel Kautilya Birat.
