Provide Free Education Under RTE Act, High Court Orders Reimbursement for Schools
Landmark Judgment Ensures Free Books, Uniforms, and Remedial Classes for Economically Disadvantaged Students in Assam
In a significant ruling, the Gauhati High Court has reinforced the provisions of the Right of Children to Free and Compulsory Education Act, 2009, ensuring that economically disadvantaged students admitted under Section 12(1)(c) receive free education, including books and uniforms, without any financial burden on their families. The court, presided over by Justice Kaushik Goswami, addressed a petition filed by Master Rehan Barai and others against the State of Assam and a respondent school, seeking compliance with the RTE Act.
The petitioners, represented by Advocate Mr. M. Sarma, contended that despite being granted admission under the RTE Act, the respondent school demanded fees for books and uniforms, which their families could not afford. This demand effectively barred the students from attending classes since the academic session began in April 2025. The court noted this constituted a violation of the Act’s mandate for free and compulsory education.
Justice Goswami emphasized the responsibility of the state to reimburse schools for the expenses incurred in providing free education to eligible students, as per subsection 2 of Section 12 of the RTE Act. The Act stipulates that schools should be compensated for expenditures up to the per-child expenditure incurred by the state or the actual amount charged, whichever is less. This ensures that schools do not face financial losses for fulfilling their statutory obligations.
Furthermore, the court directed the respondent school to provide remedial classes to the petitioners, acknowledging the educational disruption caused by the school’s initial non-compliance. The judgment underscored the importance of equitable education access, especially for children from economically weaker sections, and reaffirmed the state's role in facilitating this access through financial support.
The state, represented by Mr. B. Talukdar, assured the court of its commitment to reimbursing the necessary expenses, thereby enabling schools to continue offering free education without financial deterrents. The court’s directive aligns with the broader educational policy goals of inclusive education and supports the infrastructural and administrative framework necessary for its implementation.
This ruling not only benefits the petitioners but also sets a precedent for similar cases, reinforcing the accountability of educational institutions and the government in upholding the rights of children to free and compulsory education. The judgment is a significant step towards ensuring that no child is deprived of education due to financial constraints, and it calls for stringent adherence to the statutory provisions laid out in the RTE Act.
Master Rehan Barai v. State of Assam, (Gauhati) : Law Finder Doc Id # 2780818
