Section29
The Right of Children to Free and Compulsory Education Act, 2009

Curriculum and evaluation procedure

In force From 01 Apr 2010 Act 35 of 2009 As on 15 Oct 2026

Act 35 of 2009 Ministry Education Enacted 26 Aug 2009 In force 01 Apr 2010 Cited by 2 provisions Instruments 1

Section 29 of the Right of Children to Free and Compulsory Education Act, 2009 deals with curriculum and evaluation procedure. The curriculum and the evaluation procedure for elementary education shall be laid down by an academic authority to be specified by the appropriate Government, by notification. The Act came into force on 01 Apr 2010.

(1) The curriculum and the evaluation procedure for elementary education shall be laid down by an academic authority to be specified by the appropriate Government, by notification.

(2) The academic authority, while laying down the curriculum and the evaluation procedure under sub-section (1), shall take into consideration the following, namely:--

(a) conformity with the values enshrined in the Constitution;

(b) all round development of the child;

(c) building up child's knowledge, potentiality and talent;

(d) development of physical and mental abilities to the fullest extent;

(e) learning through activities, discovery and exploration in a child friendly and child-centered manner;

(f) medium of instructions shall, as far as practicable, be in child's mother tongue;

(g) making the child free of fear, trauma and anxiety and helping the child to express views freely;

(h) comprehensive and continuous evaluation of child's understanding of knowledge and his or her ability to apply the same.

STATE AMENDMENT

Rajasthan

Amendment of section 29, Central Act No. 35 of 2009.—In sub-section (1) of section 29 of the principal Act, after the existing expression “curriculum” and before the existing expression “and the evaluation procedure”, the expression”, class appropriate learning level” shall be inserted.

[Vide Rajasthan Act 32 of 2017, s. 6.]

Section 29, 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.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Society for Un-aided P. School of Raj vs U. O. I

    Supreme Court of India 12 Apr 2012 Binding (Supreme Court - Majority Position) Reportable 2012-04-12, Supreme Court of India, Writ Petition (Civil) No. 95 of 2010

    Court's Decision & Legal Precedent

    The majority held that the Right of Children to Free and Compulsory Education Act 2009 is constitutionally valid and applies to: (i) government schools; (ii) aided schools including aided minority schools; (iii) schools belonging to specified categories; and (iv) unaided non-minority schools. However, Section 12(1)(c) mandating 25% reservation and Section 18(3) regarding transfer of de-recognized students infringe the fundamental freedom guaranteed to unaided minority schools under Article 30(1) of the Constitution and therefore do not apply to such schools. For unaided non-minority schools, Section 12(1)(c) imposing 25% reservation is a reasonable restriction under Article 19(6) because: (1) education is a charitable activity in nature; (2) removing financial barriers that prevent children from accessing education is in the interest of general public; (3) T.M.A. Pai Foundation recognized that States may require unaided institutions to admit small percentage of weaker sections through conditions of recognition; (4) Section 12(2) provides reimbursement; (5) the provision balances the right to establish educational institutions under Article 19(1)(g) with the right of children to education under Article 21A; and (6) the context of elementary education for strengthening social fabric of democracy differs from professional education. The Act is applied prospectively from academic year 2012-13 with principle of severability preserving applicability to other categories of schools.

    On this section: Curriculum framework and elimination of Board examinations during elementary education - upheld as valid for achieving quality and universal completion goals

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

1 instrument names this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 29

What have the courts held on Section 29 of the Right of Children to Free and Compulsory Education Act?

Society for Un-aided P. School of Raj vs U. O. I (12 Apr 2012) is the leading judgment on this section among those set out below: Curriculum framework and elimination of Board examinations during elementary education - upheld as valid for achieving quality and universal completion goals.

How do I find court cases under Section 29 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 29, section 29 RTE Act, section 29 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. 1 reported judgment on this section is set out on this page, beginning with Society for Un-aided P. School of Raj vs U. O. I (12 Apr 2012).

What should I read with Section 29 of the Right of Children to Free and Compulsory Education Act, and has it changed?

2 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Notification of Chhattisgrh State Child belonging to disadvantaged group (2011).

When did Section 29 of the Right of Children to Free and Compulsory Education Act come into force?

Section 29 of the Right of Children to Free and Compulsory Education Act, cited as RTE Act 29, 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.