The Court considered the case and noted that the petition was silent as to how the government circulars infringed Section 16 of RTE Act.
“Section 16(3) of the RTE Act specifically permits the appropriate government i.e., the Government of NCT of Delhi through the DoE to allow schools to hold back children in the Vth or the VIIIth class or in both classes in such manner and subject to such conditions as may be prescribed. Section 16(1) envisages a regular examination being held at the end of the Vth and VIIIth classes. Section 16(2) requires a child, who fails in the terminal examination held in class V or VIII to be granted an opportunity for re-examination within two months from the date of declaration of the result,” the Court observed.
It rejected the argument that the re-test was held within 15 days of final exams which was an inordinately short period and did not allow the child to prepare.
“Section 16(2) only requires the re-test to be held within two months of the declaration of the result of the final examination. Two months is, therefore, set as the outer limit within which the re-test has to be held. The re-test can be held at any time within the said period of two months. It is difficult, therefore, for the court to opine on the number of days within which, or after which the re-test should be held. So long as the re-test is held within two months of declaration of the result of final examination, Section 16(2) cannot be said to have been breached.”
The Court, therefore, concluded that the challenge to the DoE orders has to fail.
Source: Barandbench
