RESPONSIBILITIES OF SCHOOLS AND TEACHERSCentral

Section 26 of The Right of Children to Free and Compulsory Education Act, 2009

The appointing authority, in relation to a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or by a local authority, shall ensure that vacancy of teacher in a school under its control shall not exceed ten per cent/of the total sanctioned strength.

Summary

The school hiring authority must make sure that teacher positions do not remain unfilled beyond a certain limit.
Under the law, the total number of teacher vacancies in any school must not go above ten percent of the approved teacher strength.
This rule applies to all schools that are established, owned, controlled, or funded by the government or local public authorities.

Practical examples

1In July 2026, the public school in Rampur has 50 approved teacher positions. The government hiring board must make sure that no more than 5 teacher posts are vacant at any point.

2Shanti Devi School receives 80 percent of its operating funds from the state. To comply with the law, the management must keep teacher vacancies at or below 10 percent, which means if they have 20 approved positions, they can have at most 2 vacancies.

FAQ

1. What is the maximum vacancy limit for teachers under Section 26 of the Right to Education Act?

Under Section 26 of the Right to Education Act, the maximum limit for teacher vacancies in any government-run or government-funded school is ten percent of the total sanctioned strength.

2. Which schools must follow the teacher vacancy rules in Section 26 of the Right of Children to Free and Compulsory Education Act?

The vacancy rules under Section 26 of the Right of Children to Free and Compulsory Education Act apply to schools established, owned, controlled, or substantially financed by funds provided directly or indirectly by the government or local authorities.

3. Who is responsible for keeping teacher vacancies low under Section 26 of the free education law?

Under Section 26 of the free education law, the appointing authority, which is the body responsible for hiring teachers for that school, must ensure that vacancies do not exceed the ten percent limit.

Test yourself

Q1.Under Section 26 of the Right of Children to Free and Compulsory Education Act, 2009, what is the maximum permissible percentage of teacher vacancies in a school?

Q2.Under Section 26 of the Right of Children to Free and Compulsory Education Act, 2009, which entity is legally responsible for ensuring teacher vacancies do not exceed the statutory limit?

Q3.Under Section 26 of the Right of Children to Free and Compulsory Education Act, 2009, this vacancy limit applies to which of the following categories of schools?

Q4.Under Section 26 of the Right of Children to Free and Compulsory Education Act, 2009, how is the ten percent vacancy limit calculated?

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