Students Admitted Under RTE Act's DG/EWS Quota Need Not Pay Even A Penny, State Must Pay All Fee: Madras High Court

The Madras High Court has said 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) and Disadvantaged Groups (DG) admitted to school under the Right of Children to Free and Compulsory Education (RTE) Act.

Justice M Dhandapani observed:

“... 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 was hearing a petition filed by a minor through his father, seeking directions to the State Commission for Protection of Child Rights to decide on their previous representation.

The minor was admitted to a private, unaided matriculation school in Vellore district as per the provisions of the RTE Act. His parents paid Rs.5,340/- and 6,437/- as the fees for the next two academic years. However, the school demanded another ₹11,977 towards uniform, study material including text books and stationary, etc.

Since the petitioner was unable to pay the amount towards uniform, notebooks and study materials, he was merely permitted to sit in class.

Mr. V. Arun, the Additional Advocate General submitted that only tuition fees, which is necessary for imparting education to the students of the weaker sections of the society is reimbursed by the State Government, which is what is mandated under the Act.

He further contended that any other fees, not falling within the fees determined by the Fee Determination Committee is not payable by the Government but is to be borne by the students and, therefore, the fee demanded for uniform, notebooks and study materials is 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.

Justice Dhandapani rejected the State's submissions as erroneous and observed that they could not be accepted. The court said that uniform, notebooks, other reading materials and all other necessary ingredients would form an integral part of education that is imparted to the petitioner under the Act.

While allowing the writ petition, the court directed the school to provide all the materials, including uniform, notebooks, text books and all other reading materials to the petitioner forthwith without insisting on any payment from the petitioner, and to make a claim to the State for the amount payable.

The court further directed the school education secretary to issue instructions within two weeks to the officials of the department and all the schools not to claim any amount from the children but lay claim on the state and the state shall defray all such expenses.

Case Title: M. Suveathan vs. The State Commission for Protection of Child Rights and Ors W.P. NO. 4615 OF 2022

Citation: 2023 LiveLaw (Mad) 146

Appearance: ​​

For Petitioner: Mr. R. SankarasubbuFor Respondents: Mr.S. Balamurugan, GA for R-1, Mr.V. Arun, AAG, assisted by Mr.R.Kumaravel for RR-2, 3 & 5 Mr.R. Natarajan for R-4

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