The Gauhati High Court has directed a private school and the State of Assam to provide minor students free education, along with books and uniforms, under the Right of Children to Free and Compulsory Education (RTE) Act, 2009. The ruling reinforces the legal mandate that free education encompasses all essential academic materials, not just tuition.
The petitioners, admitted to Class KG and Class III at the respondent school without paying admission fees, were denied regular classes after their parents could not afford the cost of books and uniforms.
The petitioners argued that Section 12 of the RTE Act, along with applicable state rules, guarantees free education including books and uniforms. They requested a court directive compelling the school to waive these fees and allow the children to attend classes. Initially resistant, the school later agreed not to collect payment directly and sought reimbursement from the State government.
The Court noted that the school had violated statutory provisions by denying attendance, resulting in missed classes that needed to be remedied through remedial teaching. Citing subsection 2 of Section 12, the Court emphasized that the State is required to reimburse schools for expenses incurred in providing free education, including uniforms and books.
Ultimately, the Court allowed the writ petition, directing the school to provide full free education and the State to reimburse the expenses. The judgment also mandated that remedial classes be arranged to make up for the academic sessions missed by the students.
Case Title: Master Rehan Barai & Anr. V. The State of Assam & Ors.
Case No.: WP (C)/4188/2025
Coram: Justice Kaushik Goswami
Counsel For The Petitioner: Adv. M Sarma,
Counsel For The Respondents: SC, Elem. Edu, Adv. B Sharma
Picture Source :
