New Delhi:
The Delhi Public School, Dwarka, has decided to revoke the suspension of 32 students over a fee dispute, the Delhi High Court was informed on Thursday.
The development came as Justice Sachin Datta was set to pronounce his verdict on a petition filed by the parents of the students, who were suspended over alleged non-payment of increased fees.
“We have withdrawn the suspension order striking off students and also filed an affidavit to that effect on Monday,” the counsel for the school informed the court.
The judge, however, said he will also take into consideration the decision of the coordinate bench of Justice Vikas Mahajan in the matter.
“I will take note of the fact that you have withdrawn the suspension order and pass an appropriate order accordingly,” he said.
Agreeing that the school is entitled to charge appropriate fees, the court underlined that a school is different from a commercial establishment.
“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,” said the court.
“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,” the court said.
Intimidation of a student, said the court, on account of financial default is mental harassment.
“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,” the court order further said.
In their plea, the parents alleged the school has used pressure and coercive tactics over the past few years to collect unapproved fees. They said the monthly fee was increased by Rs 7,000 earlier and was recently raised to Rs 9,000.
Last month, the Directorate of Education (DoE) had instructed the school to immediately reinstate 32 students removed from the school rolls.
In an order to the school, the DoE said the school’s actions violated court directions, which prohibit fee hikes without the department’s approval and any form of discrimination against students over fee-related issues.
In April, Justice Datta pulled up the school for treating students over fee with “indignity” by confining them in a library and not allowing them to attend classes. He said the school, which was treating students like “chattel”, deserved to be shut down.
The court said some safeguards were required to ensure students were not “tortured” by the school, which was running the institution merely as a “money making machine”.
In dramatic scenes, several students in their school uniforms, with books and bags, were present during the court proceedings along with their parents.
