RTE Act | Karnataka High Court Questions School For Forcing TC, Denying Re-Exam To Class 8 Student Over 'Animosity' With His Father

The Karnataka High Court on Thursday [April 9] took exception to a private school's conduct in refusing a re-examination to a Class 8 student and forcing a Transfer Certificate (TC) upon him, allegedly due to 'animosity' stemming from a Lokayukta complaint filed by the student's father.

The bench of Chief Justice Vibhu Bakhru and Justice C.M Poonacha was hearing submissions made by the minor student, CBSE and the Bengaluru-based private school in an appeal preferred by the student.

According to the student's version, he was allegedly forced to leave the school with a transfer certificate after he failed in Class 8 exams, without being allowed to appear for a re-examination as contemplated under the RTE Act, 2009.

During the proceedings, counsel for the school submitted that the student's father had filed a complaint with the Lokayukta. The father had also threatened to have the school shut down.

Responding to the said submission by the school, the Court observed as below”

“…If this is your stand, we are inclined to believe your actions have been prejudiced. If you are saying you can't even give a re-examination to the student based on animosity, we are noting that down…”, the court orally said before reserving the matter for orders.

The writ appeal also raises the issue of apparent conflict between Section 16(3) proviso of the Right to Free & Compulsory Education Act, 2009 and Clause 10.2 of the CBSE Examination Bye Laws. Under the RTE Act, no student can be held back in a class till they complete their elementary education, including Class VIII. However, Rule 10.2 of the CBSE Examination Bye Laws mandates that a student ought to pass the 8^th Standard Exam before proceeding to study in Class IX. He can attend the Secondary School exam only if he duly passes Class VIII & Class IX exams.

Before the Division Bench, the counsel appearing for the private school took the aforesaid stance derived from CBSE bye-laws and submitted that the student can take admission elsewhere with his Transfer Certificate.

On Wednesday [April 8], Adv. Shailendra M.R filed an affidavit on behalf of the CBSE and submitted that the concept of 'automatic promotion' from elementary school is no longer in force pursuant to the 2019 amendment to the RTE Act. This would apply as long as the school provides the children with an opportunity for re-examination instead of the abolished 'no detention' policy.

The petitioner argued that the official gazette notification regarding this amendment to the RTE Act came into force only in December 2024 and wouldn't adversely affect the teenager who appeared for the exam in the 2023-24 academic year. The school hasn't afforded him an opportunity to write re-exam at all, added the counsel.

The school's counsel cited the grading system followed by CBSE and said that the concept of 'holding back' per se is not practised. During the concerned academic year, some students had failed their Class VIII exams; some of them accepted the TC and took admission in other schools, whereas others took the re-exam.

“…We gave him a TC so that he won't lose a year. To avoid that stigma, we gave him TC. With that TC, he can get admission in state syllabus or anywhere so that he get a leeway….. Till today, he has not completed his studies. Now he is 18 years old? He has to come back and study with 12-year-olds?”, the school argued.

Appearing for the State, the government advocate added that the school's report card for the student showed a 'Grade E' ['Needs Improvement' Up to Class VIII, 'Fail' From Class IX], but the Student Achievement Tracking System (SATS), Karnataka portal, reportedly reflected a 'Grade C'. At this juncture, the school's counsel clarified that there is no option to pick from in the SATS beyond Grade C.

The court also took note of this aforesaid discrepancy in the portal and sought clarification from the government. Upon verification, the State also acknowledged that such an issue exists in the SATS portal. The State also submitted that the canopy of RTE Act won't apply to the minor since he has already reached the age of 18 years, and RTE Act is applicable only until 14 years.

Before reserving the case for orders, the Court made it clear orally that even if a student is 18 years old, he can be permitted to take a re-examination to Class VIII. "Education has no age...There is a ceiling on the minimum age...But there is no upper ceiling for education", the court orally remarked.

Case No: WA No: 1336/2025