Education Department Vetting RTE Admission Proposal Before Cabinet Review: Gauhati HC

Staff Reporter

Guwahati: The Gauhati High Court has been informed by the Additional Advocate General of Assam that the matter related to providing free education to disadvantaged students in English-medium schools is being vetted by the Education Department and will be placed before the Education and Chief Minister before placing it before the cabinet, sequentially, for reconsideration.

Earlier, on May 27, 2026, the Additional Advocate General, Assam, had submitted in the court that until now admission to the disadvantaged group of students was being facilitated only in Assamese/Vernacular medium schools, which was pursuant to a Cabinet decision. However, in view of the judicial pronouncement with respect to the RTE Act and the concept of neighbourhood schools, the matter has been placed before the Cabinet for a revisit of the issue, so that students belonging to the disadvantaged groups can get admission not only in vernacular medium schools but even in English medium schools.

During the instant hearing by the bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury in the public interest litigation (PIL/39/2026) filed by the We For Guwahati Foundation and two other petitioners, with the Linked Case (PIL/30/2023) filed by same petitioner, it was observed by the bench that D. Mozumder, Additional Advocate General, Assam, has drawn its attention to the instructions received by him from the Joint Secretary to the Government of Assam in the Department of School Education and the communication shall be put on record by way of an affidavit on the next date.

The bench also noted that, pursuant to its order dated May 27, 2026, the State Cabinet had directed the Education Department to undertake a comparative study of the measures and practices adopted by other States, including the State of Tamil Nadu and Karnataka in implementing the provisions under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009. There was a further direction from the Cabinet that the entire matter, including the prevailing practices, the initiatives undertaken by other state governments and the proposed provisions, should be placed before the state Minister of Education for detailed consideration, after which the Department would make a presentation before the Chief Minister to enable a comprehensive examination of the proposal. After such deliberations and review, it was directed that the proposal be resubmitted for consideration by the Cabinet.

Following the afore-noted directions, a comparative study report on the state-wise implementation of Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (2009 Act) covering the states of Tamil Nadu, Karnataka, Maharashtra, Rajasthan, Gujarat, Madhya Pradesh and Kerala was presented before the Minister of Education, Assam on July 3, 2026. Thereafter, the Minister of Education directed the department to prepare a draft executive order/office memorandum outlining the implementation framework for Section 12(1)(c) of the 2009 Act while ensuring conformity with the provisions of the Act and the requirements of the state of Assam.

It should be noted that Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 requires private unaided and non-minority schools to reserve at least 25% of their entry-level seats for children from economically weaker sections (EWS) and disadvantaged groups. These students receive free and compulsory elementary education until they finish school.

Mozumder further informed the Court that the draft executive order has been prepared and the same is currently being vetted by the department to be presented before the Minister of Education for necessary sequel presentation before the Cabinet for reconsideration of its earlier decision.

Additional Advocate General Mozumder further assured the bench that by the next date, he shall come with definite information with respect to the action taken regarding making the schools compliant in registering themselves on the portal made for the purpose with clear indication of the number of seats available in such schools. He also submitted that he shall instruct the department to caution such schools of serious action if there is any noncompliance in registering such institutions on the said portal.

Taking note of the afore-noted assurance made by the Additional Advocate General, Assam, the bench adjourned the matter for five weeks, directing it to be re-notified on September 8, 2026.

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