"Very disturbing": Delhi High Court stops DPS Dwarka from segregating students who failed to pay fees

The Delhi High Court on Wednesday pulled up the Delhi Public School at Dwarka for treating certain students with indignity and segregating them after their parents failed to pay the school fee on time [Delhi Public School Dwarka v National Commission for Protection of Child Rights & Ors]..Justice Sachin Datta noted that an inspection report submitted by a team led by District Magistrate revealed that the students were made to sit in the library, were barred from school canteen and were also not permitted to interact with their friends and classmates.The single-judge said there could not be any justification for indulging in such harassment of students to recover outstanding fees and restrained the school for resorting to such tactics to recover fees from students.“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 rules framed thereunder and in terms of direction/s that may be issued in the pending judicial proceedings as regards thereto. 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 Bench observed. .The order was passed after the students filed an application in the Court detailing the discrimination against them. A report by the eight member committee headed by the District Magistrate and also comprising senior academicians and officials of the Directorate of Education of Delhi painted a grim picture of discrimination against students who had failed to pay fees. The Court said the conduct of the school was disturbing..Therefore, it restrained the school from segregating the students or preventing them from attending classes or interacting with other students or any other form of prejudice. “The school will also allocate section/s to students who have been promoted to the next/ higher class; any controversy/ dispute as regards fees shall not be a ground for not doing so,” the judge made it clear. Justice Datta further ordered the government authorities to conduct regular inspection of the school to ensure that the Court's directions are complied with. .The matter will be heard next on May 5. .Senior Advocate Puneet Mittal and advocates RP Singh and Sakshi Mendiratta appeared for Delhi Public School.Advocates Manish Gupta, Manoj Sharma, Manpreet Kaur, Prateek Dhankhar and others represented the students.Advocates Abhaid Paraikh and Katyayni Anand appeared for the National Commission for Protection of Child Rights.Standing counsel Sameer Vashisht and advocate Avni Singh appeared for the Delhi government.Advocates Satya Ranjan Swain and Ankush Kapoor appeared for the Department of Education..[Read Order]