The Assam government has informed the Gauhati High Court that it is moving forward with a proposal that could allow children from economically weaker sections (EWS) and disadvantaged communities to receive free education in English-medium private schools under the Right to Education (RTE) Act.
During the hearing of a public interest litigation (PIL), Additional Advocate General D. Mozumder told the court that a draft executive order has already been prepared and is currently under examination by the School Education Department. Once the vetting process is complete, the proposal will be placed before the Education Minister and subsequently before Chief Minister Himanta Biswa Sarma before being submitted to the State Cabinet for reconsideration of its earlier decision.
The matter came up before a division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury while hearing PIL No. 39 of 2026, filed by the We For Guwahati Foundation and two other petitioners, along with the connected PIL No. 30 of 2023. During the proceedings, the Additional Advocate General informed the bench that the department would place the latest communication on record through an affidavit during the next hearing.
The proposal stems from the state’s review of its existing policy under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009. The provision requires private unaided, non-minority schools to reserve at least 25 per cent of entry-level seats for children belonging to economically weaker sections and disadvantaged groups, providing them with free elementary education. Until now, Assam had largely implemented this provision through admissions in Assamese and other vernacular-medium schools following an earlier Cabinet decision.
However, after judicial observations regarding the implementation of the RTE Act and the concept of neighbourhood schools, the state government decided to revisit the policy. If the revised proposal receives Cabinet approval, eligible students may also be able to secure admission in English-medium private schools under the same quota.
As part of the review process, the State Cabinet had directed the Education Department to study the implementation models adopted by several other states. Officials subsequently examined the practices followed in Tamil Nadu, Karnataka, Maharashtra, Rajasthan, Gujarat, Madhya Pradesh and Kerala before submitting a comparative report to the Education Minister on July 3, 2026. Based on the findings, the minister instructed the department to prepare a detailed implementation framework that complies with the provisions of the RTE Act while addressing the specific requirements of Assam.
The High Court was also informed that the government is taking steps to improve compliance among private schools. Mozumder assured the bench that the department would direct all eligible institutions to register on the designated online portal and disclose the number of seats available under the RTE quota. He further stated that schools failing to comply with the registration requirements could face appropriate action.
Taking note of the government’s submissions and assurances, the Gauhati High Court adjourned the matter for five weeks and listed the next hearing for September 8, 2026. By then, the state is expected to present a detailed update on the proposed policy as well as the progress made in ensuring compliance by private schools.
If approved by the Cabinet, the revised policy could significantly expand access to quality education by enabling eligible children from disadvantaged backgrounds to seek free admission in English-medium private schools across Assam under the provisions of the Right to Education Act.
