New Delhi: The Delhi High Court on Thursday (June 5) expressed its dismay at the alleged conduct Delhi Public School, Dwarka in engaging “bouncers” to physically block entry of certain students into the school premises over fee row and said such a reprehensible practice has no place in an institute of learning.
Justice Sachin Datta said this while disposing of an application filed by the parents of students of Delhi Public School, Dwarka over alleged removal of over 30 students by the school over the issue of fee.
What did the parents submit?
The parents alleged that the school has taken coercive and arbitrary action against the students in guise of arrears of fees in contravention of an earlier High Court order and that the school resorted to engage “bouncers” in order to prevent their children from entering the school premises. They submitted that despite the order of the High Court, the children were not only mistreated and threatened by the “bouncers” but were also forced to wait in a school bus for two hours before being dropped back home.
“This court is also constrained to express its dismay at the alleged conduct of the petitioner school in engaging “bouncers” to physically block entry of certain students into the school premises. 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,” Justice Datta said.
Use of ‘bouncers’ fosters a climate of fear, humiliation and exclusion: High Court
“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,” Justice Datta added.
Primary objective of a school is to impart education and inculcate values, not to operate as a business enterprise: High Court
Justice Datta further said that a school though charges fees for the services rendered but it cannot be equated with a pure commercial establishment and the driving force and character of a school (particularly a school such as Delhi Public School, Dwarka, 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, he added.
School is different from a normal commercial establishment: High Court
“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,” Justice Datta said.
Order debarring 31 students was withdrawn and they were reinstated, school informed High Court
The bench, which was informed that the order debarring 31 students was withdrawn by the school and those students were reinstated, said that since the impugned order by which 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.
The court, however, clarified that if the school seeks to take any action in future by taking recourse to Rule 35 of the Delhi School Education Rules, 1973, then it will (i) issue a prior communication specifically putting the concerned students and/or their parents/guardians to notice as to the date on which the students are proposed to be struck off the rolls; (ii) give a reasonable opportunity to show cause against such action.
The court further said the concerned parents are obliged to adhere and comply with the orders passed by a coordinate bench of the High Court on payment of requisite fees to the school. The May 16 order of the coordinate bench directed parents of the students to deposit 50 per cent of the hiked fees for academic year 2025-26.
