Education Law | India
Right of Children to Free and Compulsory Education (Amendment) Act, 2019
The 2019 amendment substituted Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 and introduced a statutory framework for annual examinations in Classes V and VIII, additional instruction, re-examination and possible holding back after failure in the re-examination.
What the 2019 RTE Amendment changed
The Right of Children to Free and Compulsory Education (Amendment) Act, 2019 amended the principal 2009 Act by replacing Section 16 and adding rule-making power in Section 38(2). The substituted Section 16 requires a regular examination at the end of every academic year in Class V and Class VIII.
A child who fails the annual examination must be given additional instruction and an opportunity for re-examination within two months from the declaration of the result. If the child fails the re-examination, the appropriate Government may permit the school to hold the child back in Class V, Class VIII or both, in the prescribed manner and subject to prescribed conditions. The provision also expressly preserves the power of the appropriate Government to decide not to hold back a child until completion of elementary education.
The amendment also retains an important protection: no child may be expelled from school until completion of elementary education.
Text of the Right of Children to Free and Compulsory Education (Amendment) Act, 2019
THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION (AMENDMENT) ACT, 2019
NO. 1 OF 2019
[10th January, 2019]
An Act further to amend the Right of Children to Free and Compulsory Education Act, 2009.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:-
1. Short title and commencement
(1) This Act may be called the Right of Children to Free and Compulsory Education (Amendment) Act, 2019.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Substitution of new section for section 16
In the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the principal Act), for section 16, the following section shall be substituted, namely:-
"16. Examination and holding back in certain cases.-
(1) There shall be a regular examination in the fifth class and in the eighth class at the end of every academic year.
(2) If a child fails in the examination referred to in sub-section (1), 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.
(3) 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 referred to in sub-section (2):
Provided that the appropriate Government may decide not to hold back a child in any class till the completion of elementary education.
(4) No child shall be expelled from a school till the completion of elementary education."
3. Amendment of section 38
In section 38 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-
"(fa) the manner and the conditions subject to which a child may be held back under sub-section (3) of section 16;".
Central RTE Amendment Rules, 2024
In December 2024, the Central Government notified the Right of Children to Free and Compulsory Education (Amendment) Rules, 2024. These rules inserted provisions concerning the manner and conditions for holding back a child after the Class V or Class VIII re-examination in schools governed by the Central rules.
Under the Central framework, a child who does not satisfy the applicable promotion criteria after the regular examination must receive additional instruction and an opportunity for re-examination within two months. If the child again does not satisfy the promotion criteria, the child may be continued in the same class in accordance with the rules. The framework also requires educational support to identify and address learning gaps and does not permit expulsion before completion of elementary education.
Important: The RTE Act gives decision-making power to the "appropriate Government". Accordingly, State and Union Territory rules, notifications and implementation policies should be checked for the school concerned.
RTE Section 16: key points at a glance
| Issue | Position under the amended law |
|---|---|
| Annual examination | Required at the end of every academic year in Classes V and VIII. |
| Failure in annual examination | Additional instruction must be provided. |
| Re-examination | Opportunity must be given within two months from declaration of the result. |
| Holding back | May be allowed by the appropriate Government after failure in the re-examination, subject to prescribed conditions. |
| No-detention option | The appropriate Government may decide not to hold back a child until completion of elementary education. |
| Expulsion | No child may be expelled from school until completion of elementary education. |
Last reviewed: 4 September 2026. Readers should verify State/UT-specific rules and current notifications applicable to the school concerned.