ORDER :

1. On an earlier date, we had put the parties to notice that the petition will be taken up for final disposal.

2. The learned Additional Government Advocate represents the second to eighth respondents and takes notice on their behalf. The learned counsel appearing for the first respondent takes notice.

3. The petitioner is a student of III Standard in a Staterun school described in paragraph 3 of the petition. He has filed this petition through his father, raising a very important issue. The issue is about the entitlement of the children to whom sub-section (1) of Section 3 of the Right of Children to Free and Compulsory Education, 2009 (for short ‘the RTE Act’) applies to two sets of school uniforms. According to the case of the petitioner, the said provision mandates that students who are studying in schools run by the State Government are entitled to two sets of school uniforms.

4. With a view to appreciate the controversy, a brief reference to the legal position will have to be made. The first provision which is material for our consideration is Article 21-A of the Constitution of India which was brought into force by the 86th Amendment to the Constitution of India. Article 21-A reads thus:

“21-A. Right to education - The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, b y law, determine.”

5. Earlier, Article 45 which is a part of Chapter IV of the Constitution laid down the following directive principles of State Policy. The said provision read thus:

“45. Provision for free and compulsory education for children - The State shall endeavour to provide within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.”

As a consequence of incorporation of Article 21-A in the Constitution, Article 45 was amended which now reads thus:

“45. Provision for early childhood care and education to children below the age of six years.

The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”

6. As can be seen from the objects and reasons of the RTE Act, for the purposes of giving effect to the fundamental right conferred under Article 21-A of the Constitution of India, the RTE Act was enacted. Therefore, we must also make a reference to the RTE Act which provides for free and compulsory education to all children of the age group of 6 to14 years. Sections 3 and 7 of the RTE Act are material which read thus:

“3. Right of child to free and compulsory education:

(1) Every child of the age of six to fourteen years, including a child referred to in clause (d) or clause (e) of section 2, shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education.

(2) For the purpose of sub-section (1), no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the elementary education.

(3) A child with disability referred to in sub-clause (A) of clause (ee) of section 2 shall, without prejudice to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), and a child referred to in sub-clauses (B) and (C) of clause (ee) of section 2, have the same rights to pursue free and compulsory elementary education which children with disabilities have under the provisions of Chapter V of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995:

Provided that a child with “multiple disabilities” referred to in clause (h) and a child with “severe disability” referred to in clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999) may also hav