Madras HC Stated That The State Is Responsible To Cover All Expenses For EWS Children Enrolled In Schools

In a recent ruling, the Madras High Court stated that it is the responsibility of the State government to cover all expenses, including costs related to books, study materials, and more, for economically weaker section (EWS) children enrolled in schools under the Right of Children to Free and Compulsory Education (RTE) Act.

Justice M. Dhandapani, in an order issued on April 18, emphasized that the State cannot evade its duty by arguing that the Act only requires reimbursement of tuition fees for EWS children. The Court emphasized that the State is obligated to fully bear all the expenses and ensure that EWS students do not have to pay even a single penny to access compulsory education under the provisions of the Act.

During the court proceedings, a petition was presented on behalf of a minor named M Suveathan by his father. The petition sought directions from the court to the State Commission for Protection of Child Rights to address their previous representation. Under the regulations outlined in the RTE Act, the petitioner was admitted to a private, unaided matriculation school located in the district of Vellore. For the upcoming two academic years, the petitioner's parents had already paid approximately ₹11,700 as fees. However, the school demanded an extra ₹11,000 for expenses such as school uniforms, stationery, and other study materials.

Due to the petitioner's inability to pay the requested amount, he was only allowed to sit in class without the means to study or learn, as he couldn't afford any books or notebooks, as explained by his counsel during the court proceedings.

The State government presented its argument, stating that it is obligated to pay or reimburse only the tuition fees, as determined by the Fee Determination Committee. According to Section 12(1)(c) of the Act, any additional fees, such as those for uniforms, notebooks, and study materials, should be borne by students admitted under the 25 percent quota. The Tamil Nadu government contended that the petitioner should be responsible for paying the fees demanded for uniforms, notebooks, and study materials, as these fees are not determined by the Fee Determination Committee.

However, the High Court rejected the State's argument, deeming it incorrect and unacceptable.

The Court emphasized that books, uniforms, notebooks, and other such materials are essential components and integral to education. Consequently, the State is required to reimburse the entire amount payable for all economically weaker section (EWS) students, including the petitioner, enrolled in schools throughout the State in accordance with the provisions of the RTE Act.