Right to Education mandates EWS student is not made to pay "even a penny" to get herself educated: Madras High Court

The Madras High Court recently held that the State government must bear all costs, including the expenses on books, study material etc., incurred by a child belonging to the Economically Weaker Section (EWS) admitted to school under the Right of Children to Free and Compulsory Education (RTE) Act..In an order passed on April 18, Justice M Dhandapani said the State cannot shirk responsibility by claiming that the Act provides for the reimbursement of a child's tuition fee alone.The State is bound to "absorb" all of the expenditure and ensure that EWS students are not made to pay "even a penny" to access compulsory education under the Act, the Court underlined. "In the background of the undisputed position, as is evident from the materials available on record, this Court is of the considered opinion that it is the duty of the State to provide free and compulsory education to the children specified u/s 2 (d) and (e) of the Act by absorbing all the fees that would be payable for the child on its head and it is not for the child, admitted under the aforesaid quota to pay even a penny to get itself educated, as it is the bounden duty of the State under the Directive Principles of State Policy to provide free and compulsory education to children of weaker sections and disadvantaged groups as enumerated under the Constitution but within the framework of Section 12 (2) of the Act," the Court said..The Court was hearing a petition filed by a minor, one M Suveathan, through his father, seeking directions to the the State Commission for Protection of Child Rights to decide on their previous representation. The petitioner was admitted to a private, unaided matriculation school in Vellore district as per provisions of the RTE Act. His parents paid around ₹11,700 as the fees for the next two academic years. However, the school demanded another ₹11,000 towards uniform, study material including text books and stationary, etc. Since the petitioner was unable to pay the same, he was merely permitted to sit in class but was unable to study and learn since he could not afford any books and notebooks, his counsel told the Court. .The State government argued that it was required to pay for or reimburse only the tuition fees as fixed by the Fee Determination Committee.Any other fees has to be borne by the students admitted under the 25 percent quota, as provided for under Section 12(1)(c) of the Act. Therefore, the fee demanded for uniform, notebooks and study materials has to be paid by the petitioner and the State cannot be directed to pay the fees that are not determined by the Fee Determination Committee, the Tamil Nadu government argued. The High Court however, held that the State's submission were erroneous and could not be accepted. It said that books, uniforms, notebooks, and all other such material are necessary ingredients and integral to education. Therefore, the State has to reimburse the entire amount payable for all EWS students, including the petitioner, enrolled in schools across the State under provisions of the RTE Act..Advocate R Sankarasubbu appeared for the petitioner. Government Advocate S Balamurugan appeared for the State Commission for Protection of Child Rights. Additional Advocate General V Arun and advocate R Kumaravel appeared for the respondent State government and the District authorities. Advocate R Natarajan appeared for the respondent School..[Read Order]