Gauhati High Court Directs Free Education For Students Who Were Not Allowed To Attend Classes Over Inability To Pay For Books, Uniform

The Gauhati High Court recently directed a school to provide the free education to two students belonging to EWS category, including free books and uniforms etc. as per Section 12 of the Right of Children to Free and Compulsory Education Act read with relevant rules. 

The court was hearing a plea by two students seeking a direction to the respondent school to provide free education to the petitioners by not insisting on fees towards books, uniform, or any other head. Because of this the students were not allowed to attend classes from the beginning of the session. 

During the hearing the counsel for Happy Child High School, Guwahati submitted that he had specific instructions from the shool that the fees towards books and uniforms shall not be insisted upon the petitioners and the same shall be provided by the school to the petitioners, which shall be reimbursed from the state respondent as per Section 12(2) RTE Act.

Justice Kaushik Goswami took note of Section 12(2) RTE Act and said that it is apparent that if the concerned school provides free and compulsory elementary education, the same shall be reimbursed for the expenditure so incurred by it to the extent of per-child-expenditure incurred by the state or the actual amount charged from the child, whichever is less.

It said:

"Having heard the learned counsel appearing for the parties and in view of the consensus arrived at between the parties, I am of the considered view that this writ petition can be disposed of, in the interest of justice, by directing the respondent school to provide the free education to the petitioners including free books and uniforms etc. as per Section 12 of the said Act read with relevant rules and office memorandum as applicable. It is further provided that the respondent state shall, reimburse the expenditure so incurred for providing free education to the petitioners by the respondent school as per the provision of subsection 2 of Section 12 of the said Act, if so applicable". 

The petitioners who sought admission to Class-KG and Class-III, said that their parents are not in a position to secure admission of the petitioners, they submitted  applications with the school in terms of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, read with Rules 7 and 8 of the State Rules of Assam Right of Children to Free and Compulsory Education Act, Office Memorandum PMA 73/2021/47 by the Elementary Education Department.

It was submitted by the petitioners that the respondent school though allowed admission to the two petitioners by not taking any admission fees from their parents. However, the school authorities insisted upon the fees for the books for the academic year as well as for their uniforms.

It was submitted that since the petitioners parents were not in a position to purchase the list of books and their school uniforms, the petitioners were not allowed to attend the regular classes from the beginning of the session till date.

“It is needless to be clarified that since due to the lapses of the respondent school in providing free education to the petitioners as per the provision of the said Act, the petitioners have missed their classes from the beginning of the academic session for the classes in question which commenced in the month of April, 2025, the remedial classes as necessary shall also be provided to the petitioners by the respondent school,” the Court noted.

The plea was allowed. 

Citation: 2025 LiveLaw (Gau) 43

Case Title: Master Rehan Barai & Anr. v. The State of Assam & Ors.

Case No.: WP(C)/4188/2025

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