Khevna Puri v. Delhi Public School

1. The present application under Section 151 of the Code of Civil Procedure, 1908 („CPC‟) has been filed on behalf of the applicants/ petitioners, praying as follows: “(i) Pass an Ad-Interim order staying the operation Email communication dated.08.2024 issued by Respondent no. 1.

(ii) Pass an Ad- Interim directions to Respondents to continue with the fee structure as approved by Respondent no. 3.”

2. Issue notice. Ms Sakshi Mendiratta, Advocate accepts notice on behalf of respondents No. 1 & 2. Mr. Karn Bhardwaj, learned ASC accepts notice on behalf of respondent no. 3 (GNCTD).

3. Ms. Sommya Chaturvedi, learned counsel for the petitioners, expresses urgency in the present matter and states that Respondent No. 1 [Delhi Public School Dwarka – hereinafter “School”] has been constantly demanding enhanced fees from the petitioner and issuing warning against non-payment of enhanced fees. She draws this Court‟s attention towards Annexure P-18 which is an advisory issued by respondent no. 3/DoE to the respondent no. 1-School. Learned counsel further states that the School is not releasing the progress reports of the petitioners and they fear that their names will be struck off by the School. She also submits that the fee has been hiked without the approval of Directorate of Education (“DOE”).

4. Mr. Puneet Mittal, learned Senior Counsel appearing on behalf of the School, controverts the submissions made by the learned counsel for the petitioners and submits that there are more than 4000 students studying in the School and the School has been incurring huge loses, i.e. to the tune of Rs. 6 crores. It is further submitted that DOE has been arbitrarily rejecting their requests for fee hike.

5. Having heard arguments and perused the record, in the interregnum, this Court directs that without prejudice to the rights and contentions of the respective parties and subject to the petitioners depositing 50% of the hiked school fee only for the academic year 2024-25, the names of the wards of the petitioners will not be struck off from the rolls of the school in their respective classes and they will be allowed to study in the school, subject to the final outcome of the present writ petition. The present order is being passed keeping in view the future and saving the academic year of the petitioners herein.

6. The petitioners undertake that in case, they do not succeed in the present petition, they will deposit the remaining amount of hiked fee to the respondent no. 1-school.

7. The application is accordingly disposed of, in the above terms.

8. The present petition has been filed under Article 226 of the Constitution of India on behalf of the petitioners seeking following relief:

3. Issue an. appropriate writ, order or direction directing the respondent no. l and 2 to abide by the regulations and orders of the respondent no.3.

4. Pass an order to impose cost as the court may deem fit in the interest of justice...”

9. Issue notice. Ms Sakshi Mendiratta, Advocate accepts notice on behalf of respondents No. 1 & 2. Mr. Karn Bhardwaj, learned ASC accepts notice on behalf of respondent no. 3 (GNCTD).

10. Let counter-affidavit be filed by the respondents within two weeks from today, after providing advance copy of the same to learned counsel for petitioners, who may file rejoinders thereto, if any within one week thereafter.

11. List on 03.12.2024.