Examination and holding back in certain cases
Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 deals with examination and holding back in certain cases. There shall be a regular examination in the fifth class and in the eighth class at the end of every academic year. The Act came into force on 01 Apr 2010.
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]
Section 16, The Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 2 instruments name this provision in its title or its text without being made under it.
Questions about Section 16
What does Section 16 of the Right of Children to Free and Compulsory Education Act deal with?
Section 16 of the Right of Children to Free and Compulsory Education Act is headed "Examination and holding back in certain cases". [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.
How do I find court cases under Section 16 of the Right of Children to Free and Compulsory Education Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RTE Act 16, section 16 RTE Act, section 16 of the Right of Children to Free and Compulsory Education Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 16 of the Right of Children to Free and Compulsory Education Act, and has it changed?
1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently The Delhi Right of Children to Free and Compulsory Education(Amendment) Rules,2020 (2022).
When did Section 16 of the Right of Children to Free and Compulsory Education Act come into force?
Section 16 of the Right of Children to Free and Compulsory Education Act, cited as RTE Act 16, came into force on 01 Apr 2010, having been enacted on 26 Aug 2009. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.