Delhi HC restrains school from coercive action over fee hike

Hindustan Times

5 days ago

The Delhi high court has restrained Maharaja Agrasen Model School from taking coercive action against students for non-payment of increased fees for the 2023-24 academic session onwards, provided that parents clear all dues based on the fee structure approved by the Directorate of Education (DoE) up to 2022-23 and continue paying the hiked fees thereafter. The ruling comes weeks after a coordinate bench of the high court, on June 5, criticised Delhi Public School, Dwarka, for using bouncers to stop students from entering over unpaid fees, calling the act 'reprehensible.' (Shutterstock)
Justice Vikas Mahajan passed the order on Thursday in response to a petition filed by the Agrasen Parents Association, represented by advocate Anjani Kumar Mishra. The petition challenged the school's move to bar students from classes for non-payment of hiked fees for the current and upcoming academic years, alleging that the fee hike had not been approved by the DoE.
The parents' association submitted that the school was demanding increased fees for academic sessions 2023-24 and 2024-25 without clearance from the DoE, despite operating on government-allotted land. They claimed that all dues had been paid as per the DoE-approved structure until 2022-23.
In response, the school's counsel, advocate Pramod Gupta, argued that the school was not legally obligated to seek DoE approval for revising fees, regardless of whether it was situated on government land.
The DoE, represented by advocate Avani Singh, clarified that the department had approved fee hikes for the academic years 2019-20 through 2022-23 but had yet to review the structure for 2023-24 and beyond.
Taking this into account, justice Mahajan directed, 'Consequently, respondent no. 1/school shall not take any coercive action against the students subject to them clearing all dues up till academic session 2022-23 as per the approved fee structure decided by respondent no. 2/DoE and further, paying the fee as per the statement of fees submitted by respondent no. 1/school for academic sessions 2023-24 onwards, till the time DoE takes a decision on the same.'
In the 12-page judgement, the court clarified that existing law does not prohibit schools from charging revised fees for academic sessions under review—unless the DoE explicitly disapproves them for 'profiteering' or 'commercialisation.'
The ruling comes weeks after a coordinate bench of the high court, on June 5, criticised Delhi Public School, Dwarka, for using bouncers to stop students from entering over unpaid fees, calling the act 'reprehensible.'
'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 court said. 'The use of 'bouncers' fosters a climate of fear, humiliation, and exclusion that is incompatible with the fundamental ethos of a school.'
In April, Delhi education minister Ashish Sood announced that the government intended to bring in an ordinance to implement the Delhi School Education (Transparency in Fixation and Regulation of Fees) Bill, 2025, to curb arbitrary fee hikes by private institutions.