Sanchayita Lahkar

The Gauhati High Court Single Bench of Justice Kaushik Goswami has directed Happy Child High School to provide free education, including books and uniforms, to two students from the economically weaker section under Section 12 of the Right of Children to Free and Compulsory Education Act, 2009, read with relevant rules. The Court held that the institution cannot levy such charges and that the State must reimburse expenses as prescribed. It also directed the school to arrange remedial classes, noting that the students had been denied regular attendance since the start of the academic session.

The writ petition was filed under Article 226 of the Constitution of India by two minor petitioners, Master Rehan Barai and Master Ishan Barai, represented through their father. The petition sought a direction to ensure free education in Happy Child High School without any demand for fees towards books, uniforms, or other heads. The children were seeking admission to Class KG and Class III respectively.

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According to the petitioners, applications had been submitted to the school under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009, read with Rules 7 and 8 of the Assam Right of Children to Free and Compulsory Education Rules, 2011, and an office memorandum bearing No. PMA 73/2021/47 issued by the Elementary Education Department, Government of Assam. They contended that although admission was granted without charging admission fees, the school insisted on payment for prescribed books and uniforms. The parents, being unable to afford such expenses, could not comply, leading to the children being barred from attending regular classes from the commencement of the academic session in April 2025.

The respondent school later submitted that it had instructions from the management not to insist on fees for books and uniforms and that these would be provided to the petitioners. It was further stated that such expenditure would be reimbursed from the State in accordance with subsection (2) of Section 12 of the 2009 Act.

The statutory provisions considered in this case were Section 12(1)(c) and Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009, alongside the relevant State Rules of 2011 and the aforementioned office memorandum.

Justice Kaushik Goswami recorded that the respondent school admitted the petitioners without charging admission fees but insisted upon payment for books and uniforms, which prevented them from attending classes. The Court noted the submission of counsel for the school that “the fees towards books and uniforms shall not be insisted upon the petitioners and the same shall be provided by the respondent school to the petitioners, which shall be reimbursed from the state respondent in accordance with subsection 2 of Section 12 of the Right of Children to Free and Compulsory Education Act, 2009.”

The Court referred to subsection (2) of Section 12 of the Act, observing 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.”

Justice Goswami further stated that “reading the aforesaid subsection 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.”

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The Court directed 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.”

“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.”

Advocates Representing the Parties

For the Petitioners: Mr. M. Sarma, Advocate
For the Respondents: Mr. B. Sarma, Advocate; Mr. B. Talukdar, Standing Counsel, Elementary Education Department

Case Title: Master Rehan Barai & Anr. v. State of Assam & Ors.
Neutral Citation: 2025:GAU-AS:12619
Case Number: WP(C)/4188/2025
Bench: Justice Kaushik Goswami