Gauhati High Court Directs Free Education, Books & Uniform For EWS Category Students Excluded Over Lack Of Funds

The Gauhati High Court has recently directed a school to provide free education to two students belonging to the Economically Weaker Section category along with free study material such as books, uniform, etc., in compliance with Section 12 of the Right of Children to Free and Compulsory Education Act.

The Court was considering a Writ Petition seeking direction to the Respondents inter alia, to the effect of providing free education to the Petitioners in the Respondent school by not insisting on fees towards books, uniform, or any other head.

The Bench of Justice Kaushik Goswami observed, "......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."

The Petitioner was represented by Advocate M. Sarma, while the Respondent was represented by the State Counsel.

Facts of the Case

The case of the Petitioners was that since the parents of the Petitioners, who are seeking admission to Class-KG and Class-III, respectively, are not in a position to secure the free admission of the Petitioners, Applications thereof were submitted before the Respondent school in terms of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009, read with Rules 7 and 8 of the State Rules of Assam Right of Children to Free and Compulsory Education Act, 2011, read with Office Memorandum PMA 73/2021/47 by the Elementary Education Department, Government of Assam.

It was the specific case of the Petitioners that the Respondent-School, though allowed admission to the two Petitioners in the classes in question by not taking any admission fees from their parents, however, the school authorities insisted upon the fees for the books for the academic year for the classes in question as well as for their uniforms. It was submitted that since their parents were not in a position to purchase the said 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.

Reasoning By Court

The Court noted that as per sub-section 2 of Section 12 of the said Act, 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, in such manner as may be prescribed

It further noted 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 Sub-Section 2 of Section 12 of the said Act, if so applicable.

The Court also 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 Petition was accordingly allowed.

Cause Title: Master Rehan vs. The State of Assam and Others (2025:GAU-AS:12619)

Appearances:

Petitioner- Advocate M. Sarma

Respondent- State Counsel, Advocate Elem. Edu, Advocate B. Sharma

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