Section 16 of The Right of Children to Free and Compulsory Education Act, 2009
1[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.] STATE AMENDMENT Rajasthan Amendment of section 16, Central Act No. 35 of 2009.- In section 16 of the principal Act, for the existing punctuation mark”. “appearing at the end, the punctuation mark”: “shall be substituted and thereafter the following proviso shall be added, namely:- “Provided that if a child has not achieved class appropriate learning level in a class, he may be held back in that class.” [Vide Rajasthan Act 32 of 2017, s. 3]
Summary
- There must be a regular examination at the end of every school year in class five and class eight.
- If a child does not pass this examination, the school must provide extra lessons and let them take the exam again within two months of the result declaration.
- The appropriate government can permit schools to keep a child back in class five, class eight, or both, but only if they fail the make up exam.
- The government has the power to decide that no child should be held back in any class at all before they finish elementary school.
- A school is strictly forbidden from expelling, which means forcing a student to leave school, any student before they complete their elementary education.
Practical examples
FAQ
1. Can a school immediately expel a student who fails their class five exams under the Right of Children to Free and Compulsory Education Act, 2009, Section 16?
No, Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 explicitly prohibits expelling any child before they complete their elementary education, regardless of their exam performance.
2. How much time does a student get to retake a failed exam under Section 16 of the Right to Education Act, 2009?
Under Section 16 of the Right to Education Act, 2009, a student who fails the fifth or eighth class final exam must be given additional instruction and a re-examination within two months from the date the result was declared.
3. Can schools automatically hold back a student who fails the end of year exam in fifth class under the 2009 Free and Compulsory Education Act, Section 16?
No, under Section 16 of the 2009 Free and Compulsory Education Act, schools cannot automatically hold a student back. The child must first receive extra lessons and a chance to take a re-examination within two months, and any decision to hold them back after a second failure is subject to rules and conditions set by the appropriate government.
Test yourself
Q1.Under Section 16 of the Right of Children to Free and Compulsory Education Act, 2009, in which specific classes must schools conduct regular final examinations?
Q2.Under Section 16 of the Right to Education Act, 2009, what must a school do if a student fails the regular final examination in fifth or eighth class?
Q3.Under Section 16 of the 2009 Free and Compulsory Education Act, what limit is placed on expelling students from school?
Q4.Under Section 16 of the children's education law of 2009, what discretionary power is given to the appropriate government regarding holding children back?