(a) whether there is any rule for expulsion of students from schools in case they fail from class
I to VIII under the Right of Children to Free and Compulsory Education (RTE) Act and if so,
the details thereof;
(b) whether such expulsion of students from schools is not a violation of the said Act;
(c) if so, the reaction of the Government in this regard; and
(d) the corrective measures taken/ to be taken by the Government in this regard?
MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT
(DR. SATYA PAL SINGH)
(a): No, Madam. The Right of Children to Free and Compulsory Education (Amendment) Act,
2019 has been notified on 11th January, 2019, which provides that:
(i) there shall be a regular examination in the fifth class and in the eight class at the end
of every academic year.
(ii) if a child fails in the examination referred to above, he shall be given additional
instruction and granted opportunity for re-examination within a period of two months
from the date of declaration of the result.
(iii) the appropriate Government may allow schools to hold back a child in the fifth class or
in the eighth class or in both classes, in such manner and subject to such conditions as
may be prescribed, if he fails in the re-examination.
(iv) the appropriate Government may decide not to hold back a child in any class till the
completion of elementary education.
(v) no child shall be expelled from a school till the completion of elementary education.
(b) to (d) : Under Section 8 of the Right of Children to Free and Compulsory Education (RTE)
Act, 2009 the appropriate Governments have the responsibility to implement the provisions of
the RTE Act, 2009 to provide free and compulsory education to every child as per the norms and
standards specified in the RTE Act, 2009.
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