No Violation Of RTE Act In Asking EWS Student To Repeat Class V After Failing Re-Examination: Delhi High Court

The Delhi High Court has refused to interfere with a private school's decision to detain an Economically Weaker Section (EWS) student in Class V after he failed to clear the annual examination as well as the re-examination. [2026 LiveLaw (Del) 665]Justice Jasmeet Singh observed that Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) needs to be read in a meaningful manner and children from economically weaker backgrounds cannot be promoted unless they are able to grasp the fundamentals of the subjects.“Section 16 of the RTE Act needs to be read in a meaningful manner and the purpose of Section 16 is that in elementary classes, a larger latitude must be given to the children from EWS category in order to afford them an opportunity to move ahead in their academic careers,” the Court observed.The petitioner, a minor represented through his grandmother, had been admitted to North Delhi Public School under the EWS category. He contended that the school's decision to detain him in Class V violated Section 16 of the RTE Act.Opposing the petition, the school submitted that the student had consistently performed poorly in academics. It informed the Court that he had secured only 12% marks in Class III examinations and 7% marks in Class IV, but was nevertheless promoted.Now, in Class V, Petitioner again obtained only 7% marks in the final exams and 8% marks in the re-examination. According to the school principal, who appeared through video conferencing, the student was subsequently offered two additional opportunities to take fresh examinations. However, he did not avail the first opportunity and secured only 12% marks in the second attempt. The school also claimed that he failed to attend additional classes arranged for him.Taking note of these facts, the Court held that the student had been provided sufficient opportunities to improve his performance but had been unable to overcome the academic hurdles.“To my mind, in the factual matrix of the present case, the petitioner has been afforded enough opportunities to improve and secure adequate marks to be promoted. However, the petitioner somehow has not been able to overcome the hurdles and qualify the same,” Court said.It emphasised that the student was not being expelled from school and that his education would continue in the same institution.“It is not a case where the petitioner is being expelled or thrown out of the school to disrupt his academic career. The petitioner is only being asked to repeat class V, so that the petitioner is able to understand and comprehend the basic subjects like Mathematics, English, E.V.S. and Hindi,” the Court observed.As such, the Court directed that the petitioner would repeat Class V in the respondent school with all entitlements available to him under the EWS category.Appearance: Mr. Khagesh B Jha, Ms. Shikha Shrama Bagga, Ms. Shivani , Advs. for Petitioner; Mr. Dhruv Rohatgi, Panel Counsel GNCTD with Ms. Chandrika Sachdeva, Mr. Dhruv Kumar, Advs. Ms. Punita, Principal (through VC) for R-1/ School Mr. Narang. Adv. (appearance not given)Case Title: Master Sorabh v. North Delhi Public School & Ors.Citation: 2026 LiveLaw (Del) 665Case no.: W.P.(C) 6451/2026Click here to read order

No Violation Of RTE Act In Asking EWS Student To Repeat Class V After Failing Re-Examination: Delhi High Court

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No Violation Of RTE Act In Asking EWS Student To Repeat Class V After Failing Re-Examination: Delhi High Court

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