Private schools cannot fail or expel students till class 8, rules Allahabad High Court upholding RTE Act

Private Unaided Schools Cannot Fail or Expel Students Till Class 8

The Lucknow Bench of the Allahabad High Court has unequivocally ruled that the Right of Children to Free and Compulsory Education (RTE) Act, 2009, in its entirety, applies to private unaided schools. This includes the critical 'no-detention' and 'no-expulsion' policy, which prohibits schools from failing or expelling any child until the completion of elementary education (up to Class 8).

The ruling came in response to a petition filed against a prominent private ICSE school in Lucknow, which had suspended two students—one in Class 6 and another in Class 9—during the 2024-25 academic session. The school had cited reasons of low attendance and poor academic performance for its decision.

The petitioners, represented by their counsel, argued that the school's action was a direct violation of Section 16 of the RTE Act. This section explicitly states, "No child admitted in a school shall be held back in any class or expelled from school until the completion of elementary education."

The school's defence hinged on a contentious argument that the RTE Act does not fully apply to private, unaided institutions. The school's advocate contended that as an unaided private school, it had the autonomy to take disciplinary action, including suspension for academic underperformance and attendance issues.

The Allahabad High Court bench firmly rejected the school's argument. The court delivered a powerful observation, clarifying that the provisions of the RTE Act are universally binding.

Crucially, the judgment cited a precedent set by the Supreme Court of India, reinforcing that the RTE Act, including all its sections, is fully applicable to all schools, including private unaided ones as defined under Section 2(n) of the Act. This means the prohibition on detaining or expelling students under Section 16 is not just for government schools but is a mandatory rule for all.

The Court declared the school's suspension of the two students as "arbitrary" and illegal under the law. Allowing the petition, the bench ordered the school to immediately re-admit the students and conduct their re-examination, ensuring their education is not hampered.

The Allahabad High Court's decision reinforces the spirit of the RTE Act—to provide a supportive and inclusive learning environment for every child, ensuring that no child is left behind during their foundational years of education.