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Core Purpose

Notification by the Ministry of Education (Department of School Education and Literacy) amending the Right of Children to Free and Compulsory Education Rules, 2010 to introduce examination and detention provisions for classes 5 and 8.

Detailed Summary

By G.S.R. 777(E) dated 16th December, 2024, the Ministry of Education (Department of School Education and Literacy), exercising powers under clause (fa) of sub-section (2) of section 38 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), notified the Right of Children to Free and Compulsory Education (Amendment) Rules, 2024, inserting a new Part V A titled Examination and Holding Back in Certain Cases (Rule 16A) into the Right of Children to Free and Compulsory Education Rules, 2010; the amendment mandates regular examinations at the end of every academic year in classes 5 and 8, provides that a child failing to meet promotion criteria shall receive additional instruction and a re-examination within two months of the declared result, and that a child who fails the re-examination shall be held back in class 5 or 8; during the holding-back period the class teacher must guide the child and parents and provide specialised inputs, the Head of School must maintain a list of held-back children and monitor their progress, examinations must be competency-based rather than memorisation-based, and no child may be expelled before completing elementary education; the rules take effect from the date of publication in the Official Gazette; the notification, filed under F. No. 1-3/2017-EE-4/IS-3 and signed by Anil Kumar Singhal, Additional Secretary, notes the principal rules were published via G.S.R. 301(E) dated 8th April, 2010 and last amended via G.S.R. 1302(E) dated 17th October, 2017.

Full Text

8258 GI/202 4 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 715] NEW DELHI, SATURDAY , DEC EMBER 21, 2024 /AGRAHAYANA 30, 194 6 CG-DL-E-21122024-259577 MINISTRY OF EDUCATION (Department of School Education and Literacy) NOTIFICATION New Delhi, the 16th December, 2024 G.S.R. 7 77(E).— In exercise of the powers conferred by clause (fa) of sub-section (2) of section 38 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the Central Government hereby makes the following rules further to am end the Right of Children to Free and Compulsory Education Rules, 2010, namely :— 1. (1) These rules may be called the Right of Children to Free and Compulsory Education (Amendment) Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Right of Children to Free and Compulsory Education Rules, 2010, after Part V, the following Part shall be inserted, namely: - “PART V A- EXAMINATION AND HOLDING BACK IN CERTAIN CASES 16A. Manner a nd conditions subject to which a child may be held back . — (1)Ther e shall be regular examination in the fifth class and in the eighth class at the end of every academic year. (2) After the conduct of regular exam ination , referred to in sub - rule (1 ), if a child fails to fulfil the promotion criteria , as notified from time to time, he shall be given additional instruction and opportunity for re - examination within a period of two m onths from the date of declaration of results . (3) If the child appearing in the re -examination referr ed in sub -rule (2), fails to fulfil the promotion criteria again, he shall be held back in fifth class or eighth class, as the case may be . (4) During the holding back of the child, the class teacher shall guide the child as well as the par ents of the child, if necessary , and provide spe cialis ed inputs after identifying the learning gaps at various stages of assessment. (5) The Head of the school shall m aintain a list of children who are held back and personally monitor the provisions provided for specialis ed inputs to su ch children and thei r progress with respect to the identified learning gap s. (6) The examination and re -examination shall be competency -based examinations to achieve the holistic development of the child and not be based on memorisation and procedural skills. (7) No child shall be expelled from any school till he completes elementary education .”. [F. No. 1-3/2017 -EE-4/IS-3] ANIL KUMAR SINGHAL , Addl. Secy. Note .— The principal rules were published vide notification number G.S.R. 301(E), dated the 8th April, 2010 in the Gazette of India, Part II, Section 3, Sub -section (i), dated the 9th April, 2010 and last ly amended vide notification number G.S.R. 1302(E), dated t he 17th October, 2017 and published in the Gazette of India, Part II, Section 3, Sub -section (i), dated the 17th October, 2017. Uploaded by Dte. of Printing at Government of Ind ia Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Pu blications, Delhi -110054.

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