Right of transfer to other school
Section 5 of the Right of Children to Free and Compulsory Education Act, 2009 deals with right of transfer to other school. Where in a school, there is no provision for completion of elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education. The Act came into force on 01 Apr 2010.
(1) Where in a school, there is no provision for completion of elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education.
(2) Where a child is required to move from one school to another, either within a State or outside, for any reason whatsoever, such child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education.
(3) For seeking admission in such other school, the Head-teacher or in-charge of the school where such child was last admitted, shall immediately issue the transfer certificate:
Provided that delay in producing transfer certificate shall not be a ground for either delaying or denying admission in such other school:
Provided further that the Head-teacher or in-charge of the school delaying issuance of transfer certificate shall be liable for disciplinary action under the service rules applicable to him or her.
Section 5, The Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009).
Cross-references
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Questions about Section 5
What does Section 5 of the Right of Children to Free and Compulsory Education Act deal with?
Section 5 of the Right of Children to Free and Compulsory Education Act is headed "Right of transfer to other school". Where in a school, there is no provision for completion of elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education.
How do I find court cases under Section 5 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 5, section 5 RTE Act, section 5 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 5 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.
When did Section 5 of the Right of Children to Free and Compulsory Education Act come into force?
Section 5 of the Right of Children to Free and Compulsory Education Act, cited as RTE Act 5, 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.