Right of Children to Free and Compulsory Education (Amendment) Rules, 2024
MINISTRY OF EDUCATION
(Department of School Education and Literacy)
NOTIFICATION
New Delhi, the 16th December, 2024
G.S.R. 777(E).— In exercise of the powers conferred by clause (fa) of sub-section (2) of section 38 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Central Government hereby makes the following rules further to amend the Right of Children to Free and Compulsory Education Rules, 2010, namely :—
1. (1) These rules may be called the Right of Children to Free and Compulsory Education (Amendment) Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Right of Children to Free and Compulsory Education Rules, 2010, after Part V, the following Part shall be inserted, namely: –
“PART VA- EXAMINATION AND HOLDING BACK IN CERTAIN CASES
16A. Manner and conditions subject to which a child may be held back . — (1)There shall be regular examination in the fifth class and in the eighth class at the end of every academic year.
(2) After the conduct of regular examination, referred to in sub- rule (1), if a child fails to fulfil the promotion criteria, as notified from time to time, he shall be given additional instruction and opportunity for re- examination within a period of two months from the date of declaration of results.
(3) If the child appearing in the re-examination referred in sub -rule (2), fails to fulfil the promotion criteria again, he shall be held back in fifth class or eighth class, as the case may be.
(4) During the holding back of the child, the class teacher shall guide the child as well as the parents of the child, if necessary, and provide specialised inputs after identifying the learning gaps at various stages of assessment.
(5) The Head of the school shall maintain a list of children who are held back and personally monitor the provisions provided for specialised inputs to such children and their progress with respect to the identified learning gaps.
(6) The examination and re-examination shall be competency-based examinations to achieve the holistic development of the child and not be based on memorisation and procedural skills.
(7) No child shall be expelled from any school till he completes elementary education.”.
[F. No. 1-3/2017-EE-4/IS-3]
ANIL KUMAR SINGHAL, Addl. Secy.
Note.— The principal rules were published vide notification number G.S.R. 301(E), dated the 8th April, 2010 in the Gazette of India, Part II, Section 3, Sub-section (i), dated the 9th April, 2010 and lastly amended vide notification number G.S.R. 1302(E), dated the 17th October, 2017 and published in the Gazette of India, Part II, Section 3, Sub-section (i), dated the 17th October, 2017.
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