Delhi-NCR schools flout RTE Act, detain students in Classes 6 and 7

Department of School Education and Literacy amends rules allowing student detention in Classes 5 and 8 only after re-examination.

Several prestigious schools of Delhi-NCR have allegedly held back students in Classes 6 and 7 in violation of the Right to Education Act of 2009, education activists and parents said.

The Department of School Education and Literacy under the Ministry of Education notified rules regarding 'Examination and Holding Back in Certain Cases' in December 2024 after the Right to Education (RTE) Act 2009 was amended in 2019.

"The amended rules allow schools to detain students in Classes 5 and 8 only, that too after giving them additional opportunity for re-examination within two months from the date of declaration of results," advocate and education activist Ashok Aggarwal told PTI.

"Before the amendment, there was a no detention policy till Class 8. However, the Government amended the Act and made a provision for detention at the 5th and 8th grades. However, many private schools are dictating their terms to parents in violation of the Act."

Several parents complained that schools insist they either take a school leaving certificate or let the child repeat the class in the 6th or 7th grade.

"My son is in Class 6 and we have been told that if he does not clear the re-exam scheduled in May, he will not be promoted to the next class. But norms say that students cannot be detained in classes other than 5 and 8. My son couldn't score well due to bad health this year," a parent based in Gurgaon said on condition of anonymity.

Educationist Professor Anita Rampal, who was associated with the Faculty of Education in Delhi University, expressed surprise at public schools’ blatant disregard for the Act.