Several schools across Delhi and the National Capital Region (NCR) are facing backlash from parents and education experts for allegedly holding back students in Classes 6 and 7, an action that goes against the Right to Education (RTE) Act, 2009.

What Does the Law Say?

As per the amended RTE rules, students can only be detained in Classes 5 and 8, and even then, only after being offered a re-examination opportunity within two months of the annual result announcement. This amendment came into effect after the 2019 changes and was officially notified by the education ministry in December 2024.

The original RTE Act mandated no-detention up to Class 8, ensuring automatic promotion regardless of academic performance. However, the 2019 revision added exceptions for Classes 5 and 8 with a structured re-exam clause.

Parents Speak Out

Several parents claim that some private schools are detaining students in Class 6 and 7, or asking them to accept a School Leaving Certificate (SLC). One parent from Gurgaon said, “My son in Class 6 missed many classes due to illness. The school says if he fails the upcoming test in May, he’ll be held back. But that’s illegal.”

Parents and experts are now calling this a direct violation of children’s rights, urging legal recourse through district-level complaints or court petitions.

What Do Education Experts Say?

Renowned educationists have strongly condemned this alleged practice. They argue that detaining students without proper legal grounds not only harms children psychologically but also creates unfair academic pressure.

An education policy expert stated, “Neither the National Curriculum Framework nor the NEP supports detaining students in Class 6 or 7. Even for Classes 5 and 8, detention must follow specific procedures laid out by authorities, which many states haven’t even clarified yet.”

Legal Provisions Under RTE Act

Under Section 16A of the RTE Act:

• Schools can conduct year-end exams for Classes 5 and 8.

• If a student doesn’t pass, a re-exam within two months must be conducted.

• Only if the student fails again, detention is allowed.

Any action outside this legal framework is seen as a violation of children’s fundamental right to education and fair treatment.