New Delhi: The Delhi High Court on Friday considered staying an order of Delhi Public School, Dwarka, removing 32 students from its rolls over a fee dispute. Justice Sachin Datta deferred the order till May 19 to make the final call.
The court said while removing the students from the rolls, the school had prima facie not complied with the provisions of the Delhi School Education Act which provides for giving a reasonable opportunity to the student’s parent or guardian to showcause against the proposed action. The court was hearing an application by the parents of 32 students who were expelled by the school earlier this week for non-payment of fees as demanded by the school.
The parents claimed of paying the approved fees and declined to pay the unapproved fees demanded by the school.
The counsel for the Delhi Government’s Directorate of Education said the authorities had passed an order on May 15 directing the school to immediately reinstate the 32 students. “The stand of DoE is absolutely clear that you can’t charge even a single penny more than the approved fees,” the Delhi government’s counsel said.
The DoE order said the school’s actions violated court directions, which prohibit fee hikes without the department’s approval and any discrimination against students over fee-related issues. The DoE directed the school to withdraw the communication removing students and take them back while none of them face discrimination.
The school’s counsel, on the other hand, contended there was no court directive that the students had to be taken on the rolls without paying fees.
On being asked by the court if the school had issued a showcause notice to the students as stipulated under Section 35(4) of the Delhi School Education Rules, 1973, the school claimed it issued the notice but the parents denied it.
“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. This order (of the school) has to go for non-compliance with Rule 35 (4),” the judge told the counsel. A coordinate bench of Justice Vikas Mahajan, in the meantime, heard another petition by 102 parents seeking direction to Delhi government and the Lieutenant Governor to take over DPS, Dwarka, for the safety of students who were being allegedly “harassed” due to non-payment of unapproved fees. The court asked the petitioners to implead the school as a party to their plea.