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The National Commission for Protection of Child Rights had on July 18 directed the deputy commissioner of police to lodge an FIR against Delhi Public School, Dwarka, following several allegations.
Intervening in a plea moved by the Delhi Public School, Dwarka, the Delhi High Court on Tuesday stayed a notice by the National Commission for Protection of Child Rights (NCPCR) where it had directed a police officer to register a First Information Report (FIR) against the school under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Staying the coercive action on behalf of NCPCR and police until further orders from the court, Justice Sanjeev Narula also issued notice, posting the matter next for consideration on November 7.
Taking cognisance of DPS, Dwarka expelling students from school for non-payment of increased fees, publication of their names on the school website, and failure to offer assistance to a female student during her menstrual cycle, the NCPCR had on July 18 directed the deputy commissioner of police, Dwarka, to lodge an FIR against the school.
Challenging NCPCR’s action, DPS, Dwarka, submitted that the issue of suspension or expulsion of students on account of failure to deposit the increased fee for the academic sessions 2022-23, 2023-24, and 2024-25 is already presently under consideration before the Delhi High Court owing to petitions filed by various parents of students enrolled with the school, and where the school has already complied with various interim directions issued by the court periodically.
With regard to the purported harassment of students by the school for non-payment of fees, the school submitted that a few students had submitted a complaint to the NCPCR on May 15, and accordingly, the NCPCR had issued a notice under Section 13(1)(j) of Commission for Protection of Child Rights Act, 2005 to the Directorate of Education and district magistrate, South West to inquire into the allegations.
The sub-divisional magistrate had then issued a show-cause notice to the school calling for an explanation to which the school had submitted a detailed reply, according to the school, and no further action was taken on the May 15 complaint. It was also the school’s case that the NCPCR’s notice earlier was issued arbitrarily, without any prior notice or an opportunity of hearing granted to the school, and that the school only came to know of it through media.
The school also denied the allegations of cruelty and “inhumane behaviour” demonstrated by failure to provide requisite assistance to the female student. It was submitted that there is complete CCTV footage available with the school, which can easily establish facts to the contrary, and a police inquiry too had not found anything amiss.
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