Education is the most important thing for the complete development of society and in that regard, The Constitution of India (Article 21 A and Article 45) and the Right to Children to Free and Compulsory Education Act of 2009, have come with the objective of free and compulsory education to all children within the age group of 6 to 14. After the National Policy of Education (NPE), announced in 1986, this work of providing education to all children got speed motion of work. Article 21 A of the Constitution which read “ The State shall provide free and compulsory education to all the children from the age of six to fourteen years in such manner as the State may, by law, determine” came by the 83rd Amendment 1997 by getting inserted in the Constitution as Article 21 A.

Providing the education is the State obligation as in the case – “Right to education till children complete the age of 14 years being a fundamental right, the aided private Middle Schools and Senior Secondary Schools are concerned, the State Government is again under an obligation to provide education to children studying in these schools who are fourteen years of age or less.

The net result is that even in High Schools and Senior Secondary Schools, up to 8th/9th class- the students being 14 or below – the State Government is bound to provide free education and bound to meet the total expenditure of its school to that extent. Financial constraint is not an answer for the constitutional duty.”

In-State of H.P. v. H.P. State recog In-Stated Aided Schools Managing Committee, (1995) 4 SCC 507: JT (1995) 8 SC 406 it has been told further in Maria Grace Rural Middle School v. Government of T.N. (2006), wherein it was held that the right to receive grant-in-aid for the establishment and administration of schools is not a right.

The increase in tax is even done by the State, which will not defeat the constitutional objective of free and compulsory education. “Increase of tax for educational institutions vehicles by multiples does not defeat the constitutional objection of free and compulsory education under Article 21-A of the constitution. Merely because the institution is imparting education, does not mean that they are not liable to pay vehicle tax towards cost and maintenance of roads” (Association of Management of Nursery, Primary & Matriculation Sch) Tamilovt. of Tamil Nadu, AIR 2007 Mad 92).