When Justice Welcomes Childhood Dreams: Rehan & Ishan Finally Step into School, written by Dharmananda Deb

//Dharmananda Deb//

Childhood dreams should never be denied, yet for Master Rehan Barai and Master Ishan Barai, two young brothers from Rehabari, Guwahati, the doors of education remained closed for months. Represented by their father, Mr. Kartik Barai, the children, aged 5 and 9 years respectively, had to watch their classmates attend school while they were left out due to financial constraints.

On 16.07.2025, their father knocked at the doors of the Gauhati High Court and filed a Writ Petition seeking justice for his children. The children had applied for admission to Class-KG and Class-III 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 RTE Rules, 2011, and Office Memorandum PMA 73/2021/47 of the Elementary Education Department, Government of Assam.

The specific grievance was that although the school allowed admission without charging any admission fees, the authorities insisted on fees for prospectus, books, and uniforms. Inability to pay these fees prevented the children from attending regular classes from the beginning of the academic session in April 2025.

When the matter was called in Court, Mr. B. Sarma, learned counsel for the respondent school, submitted that the school had instructions not to insist on fees for books and uniforms for Rehan and Ishan. These would be provided by the school and reimbursed by the State in accordance with subsection 2 of Section 12 of the RTE Act, 2009, which states:

 “The school providing free and compulsory elementary education 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… Provided that such reimbursement shall not exceed per- child- expenditure… and further, where the school is already obliged to provide free education due to prior grants or facilities, reimbursement shall not extend to such obligation.”

The Court also highlighted that under Section 13 of the RTE Act, 2009, schools are prohibited from collecting any capitation fee and cannot screen children for admission, emphasizing that Rehan and Ishan were entitled to free and compulsory education without financial or procedural barriers.

Taking into account the consensus of the parties, the Gauhati High Court directed Happy Child High School, Rehabari, to::(a) Provide completely free education to both children (b) Supply books, uniforms, and all necessary materials at no cost (c)Conduct remedial classes to cover the lessons missed since April 2025

This judgment is not merely a legal victory; it is a triumph of innocence, human spirit, and the fundamental rights of children. Education is not a privilege—it is every child’s birthright.

One can only imagine the joy on Rehan and Ishan’s faces as they finally enter their classrooms, schoolbags in hand, ready to learn and dream alongside their peers. This victory belongs not only to them but to every parent struggling in silence, every teacher who believes in equality, and every citizen committed to justice.

The Gauhati High Court has reaffirmed that when law speaks for the voiceless, justice becomes tangible. Today, two young brothers can dream, aspire, and learn, free from the chains of financial hardship. In their smiles, we see the enduring power of hope, justice, and education.

  (The author is a practicing lawyer)