Delhi Schools Flout RTE Act by Not Promoting Classes 6 and 7 Students: Check Details

In December 2024, the Department of School Education and Literacy, under the Ministry of Education, introduced new rules for 'Examination and Holding Back in Certain Cases'. These rules were established following amendments to the Right to Education (RTE) Act 2009 in 2019. Advocate and education activist Ashok Aggarwal clarified to PTI that these amended rules only allow schools to hold back students in classes 5 and 8, and even then, only after offering them a second chance to take the exam within two months of the results being announced.

“Prior to the amendment, there was a no-detention policy until class 8. However, the government amended the Act and introduced a provision for detention in 5th and 8th grades. Despite this, many private schools are imposing their own rules on parents, in violation of the Act.”

Section 16A of the RTE Act mandates regular examinations in Classes 5 and 8 at the end of each academic year. Students who fail to meet the promotion criteria are given an additional opportunity for re-examination within two months from the date of result declaration. If a child fails the re-examination, they will be held back in Class 5 or 8, respectively. However, the rule explicitly states that "No child shall be expelled from any school till he completes elementary education."

No Detention Policy

The document clarified that the 'no detention' provision in the RTE Act doesn't mean that student assessments should be left alone. Instead, it requires a continuous and comprehensive evaluation procedure that is non-threatening and helps teachers focus on each child's learning and performance.

Following the 2019 amendment to the Right to Education Act, 18 states and Union Territories have removed the 'no-detention policy' for classes 5 and 8. These include Assam, Bihar, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Meghalaya, Nagaland, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttarakhand, West Bengal, Delhi, Dadra and Nagar Haveli, and Jammu and Kashmir.

When asked about the delay in notification since the 2019 amendment, Ministry of Education officials explained that the new National Education Policy was announced within six months of the amendment.