Center revises RTE rules, states can now fail students in class 5 and 8

Education reform: Center allows states to hold back students in grades 5 and 8

The central government has officially amended the Children’s Free and Compulsory Education (RTE) Rules, 2010, empowering state governments to conduct regular examinations for students in classes 5 and 8, with a provision to stop them if they fail. This significant move marks a departure from the long-standing “no-detention” policy, which has been the cornerstone of India’s educational framework since the RTE Act was enacted in 2009.
Key Changes in RTE Rules
The amendments notified in December 2024 come five years after the Free and Compulsory Education of Children Act (RTE Act) was amended in 2019. Under the revised rules, state governments are now empowered to conduct annual examinations. At the end of each academic year for students in grades 5 and 8. If a student fails these tests, they will be provided with additional instructional support and given the opportunity to appear a second time. For re-examination after two months. If the student still fails to meet the promotion criteria, they will be locked in the same class.
The move has evoked mixed reactions across the country. Some states including Gujarat, Odisha, Madhya Pradesh, Jharkhand, Karnataka and Delhi have already decided to implement measures to prevent students from failing these classes. However, not all states are on board with this change. For example, Kerala has expressed strong opposition to conducting the exam for class 5 and 8 students, arguing it could increase pressure on young students.
A shift from No Detention Policy
The original version of the RTE Act, introduced in 2009, featured a “no-detention” policy, which prohibited schools from keeping children in the same class if they failed an exam. The idea behind this policy was to ensure that children, especially those from disadvantaged backgrounds, would not be discouraged from continuing their education because of failure. The policy remained in place until 2019 when Parliament amended it following concerns raised by various stakeholders.
Critics of the no-detention policy argued that it led to a lack of accountability and academic rigor. Many believed that children were being promoted without acquiring the necessary knowledge, thereby leaving them unprepared for the more demanding examinations at the higher education level. Moreover, this policy pointed out that the number of students failing in the Class 10 board exams was increasing, as they were not well equipped with the basic skills required for success.
State-specific implementation and resistance
The new rules give states the flexibility to decide whether to implement regular exams for classes 5 and 8, requiring them to follow certain guidelines to ensure the process is fair and equitable. According to the amended rules, no child can be expelled from school until they reach class 8, regardless of their performance in the examination. However, now if the school does not meet the academic standards, children have been given the right to repeat classes.
Many states have already adopted the new rules with varying degrees of enthusiasm. Gujarat, Odisha and Madhya Pradesh have a policy of detaining failing students Class 5 Or 8 is implemented in practice, with schools conducting rigorous assessments. Delhi has followed suit by announcing a system of regular examinations for these classes. However, the Karnataka High Court, which initially implemented the policy, faced a setback when it struck down the plan to hold public examinations for classes 5, 8, 9 and 11 in March 2024. The court decision has created some uncertainty about the future of this system in the state.
On the other hand, some states, especially Kerala, have been vocal in their opposition to this change. They argue that regular exams can increase pressure on young students, potentially leading to higher dropout rates and a decrease in overall student well-being. These states believe that rather than punishing struggling students by imprisoning them, they should focus on improving the quality of education and providing more support.

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