Gauhati HC Directs School To Provide Free Education With Books & Uniforms Under RTE Act [Read Order]

Gauhati: The Gauhati High Court directed a private school to provide free education, including books and uniforms, to two students from economically weaker sections, stressing that no child can be denied admission or regular classes for want of such provisions under the Right to Education Act.

Justice Kaushik Goswami delivered the order on September 15, 2025, in WP(C)/4188/2025 (Master Rehan Barai & Anor. vs. The State of Assam & Ors.), addressing violations of Section 12 of the Right of Children to Free and Compulsory Education Act, 2009.

The petition was filed on behalf of two minor students, Master Rehan Barai and Master Ishan Barai, represented by their father, Mr. Kartik Barai, seeking admission to Class KG and Class III respectively at Happy Child High School in Guwahati.

The petitioners approached the court after facing difficulties in the admission process. The court recorded: “The petitioners contend that, as their parents were unable to secure free admission to Class KG and Class III, applications were submitted before the respondent school under Section 12(1)(c) of the RTE Act, 2009.”

The dispute arose when the school, while granting admission without charging admission fees, insisted on payment for books and uniforms. The court noted: “It is the specific case of the petitioners that although the respondent school admitted them without charging admission fees, the school authorities demanded fees for books and uniforms for the academic year.”

This demand created a significant barrier, as the parents could not afford these additional costs. The court observed: “Since their parents were not in a position to purchase the prescribed books and uniforms, the petitioners have not been allowed to attend regular classes from the beginning of the session.”

During the hearing, the school’s counsel made a concession. Justice Goswami recorded: “Mr. B. Sarma, learned counsel for respondent No.4 (school), submits that he has specific instructions that fees for books and uniforms shall not be insisted upon and the same shall be provided by the school.”

The court emphasized the reimbursement mechanism under the RTE Act, referencing Section 12(2), which provides that schools offering free education under the quota system shall be reimbursed for expenditure incurred, to the extent of per-child expenditure by the state or the actual amount charged, whichever is less.

Granting comprehensive relief, Justice Goswami directed: “This writ petition is disposed of, in the interest of justice, by directing the respondent school to provide free education to the petitioners, including free books and uniforms, as per Section 12 of the Act read with relevant rules and office memoranda.”

The court also ensured financial protection for the school, directing that “the respondent state shall reimburse the expenditure incurred by the respondent school for providing free education to the petitioners, as per subsection (2) of Section 12 of the Act, if applicable.”

Addressing the educational loss suffered, the court issued an additional direction: “Since, due to the lapses of the respondent school, the petitioners have missed classes from the beginning of the academic session which commenced in April 2025, remedial classes shall also be provided to the petitioners by the school.”

Case Title: Master Rehan Barai & Anor. vs. The State of Assam & Ors.

[Read Order]