Right of child to free and compulsory education
Section 3 of the Right of Children to Free and Compulsory Education Act, 2009 deals with right of child to free and compulsory education. Every child of the age of six to fourteen years, including a child referred to in clause (d) or clause (e) of section 2, shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education.] (2) For the purpose of sub-section (1), no The Act came into force on 01 Apr 2010.
1 [(1) Every child of the age of six to fourteen years, including a child referred to in clause (d) or clause (e) of section 2, shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education.]
(2) For the purpose of sub-section (1), no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing the elementary education.
2 * * * * * 3 (3) A child with disability referred to in sub-clause (A) of clause (ee) of section 2 shall, without prejudice to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), and a child referred to in sub-clauses (B) and (C) of clause (ee) of section 2, have the same rights to pursue free and compulsory elementary education which children with disabilities have under the provisions of Chapter V of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995:
Provided that a child with "multiple disabilities" referred to in clause (h) and a child with "severe disability" referred to in clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999) may also have the right to opt for home-based education.]
Section 3, 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.
This section refers to
Referred to by 1
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.
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Society for Un-aided P. School of Raj vs U. O. I
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: Right to free and compulsory education in neighbourhood school until completion of elementary education - fundamental provision creating child's right
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K.S. Muhammed Roshan v. State of Kerala
Court's Decision & Legal Precedent
Final Order order-1.pdf 2017-06-23 DATE VERIFIED. P.V. Asha J. WP(C) 20170/2017 with 20591/2017. Isolate: RTE Act s.3 right of a child to free and compulsory education is confined to children aged 6–14 for elementary education (class 1–8). A 16-year-old seeking Std X admission is outside s.3; Child Rights Commission orders invoking RTE for Std X are unsustainable. Distinctive name (minor petitioner). Leading HC. Do not pad s.12 (already filled) or s.15.
On this section: RTE Act s.3 right to free and compulsory education is confined to children aged 6–14 till completion of elementary education (classes 1–8); it does not cover Standard X (Muhammed Roshan).
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
12 instruments name this provision in its title or its text without being made under it.
- Mid-Day Meal (Amendment) Rules, 2019Rule 2019
- Relaxation to Tripura under section 23(2) of RTE Act, 2009.Notification 2019
- Central RTE (Amendment) Rules , 2017Rule 2017
- Mid-Day Meal (Amendment) Rules, 2017Rule 2017
- Notification regarding Relaxation under Section 23(2) of the RTE Act, 2009 to the State of Assam -Notification 2017
- RTE (Second Amendment) Rules, 2017Rule 2017
- Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011Rule 2011
- The Delhi Right of Children to Free and Compulsory Education Rules, 2011Rule 2011
- The Puducherry Right of Children to Free and Compulsory Education Rules, 2011Rule 2011
- The Right of Children to Free and Compulsory Education, Himachal Pradesh Rules, 2011Rule 2011
- the Right of Children to Free and Compulsory Education rules 2011Rule 2011
- Central RTE Rules, 2010Rule 2010
Questions about Section 3
What have the courts held on Section 3 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: Right to free and compulsory education in neighbourhood school until completion of elementary education - fundamental provision creating child's right. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2012 to 2017.
How do I find court cases under Section 3 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 3, section 3 RTE Act, section 3 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. 2 reported judgments on this section are 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 3 of the Right of Children to Free and Compulsory Education Act, and has it changed?
Its own text turns on section 2 (Definitions), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. 12 instruments name it without being made under it, most recently Mid-Day Meal (Amendment) Rules, 2019 (2019), then Relaxation to Tripura under section 23(2) of RTE Act, 2009. (2019).
When did Section 3 of the Right of Children to Free and Compulsory Education Act come into force?
Section 3 of the Right of Children to Free and Compulsory Education Act, cited as RTE Act 3, 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 14 Oct 2026. This page is not a substitute for legal advice.