A child may also seek transfer to another school for any reason whatsoever for completing his/her elementary education. Such transfers may be to any school, in any state in India, except for specific category schools and unaided private schools. The head-teacher or in-charge of the previous school shall immediately issue a transfer certificate, if the same is sought. If the head-teacher or in-charge of the school delays the issuance of a transfer certificate, he/she  shall be liable for disciplinary action under the service rules applicable.(( Section 5, The Right of Children to Free and Compulsory Education Act, 2009.)) 

Furthermore, the delay in production of the transfer certificate cannot be made a ground for delaying or denying admission to a new school.(( Provisio 1, Section 5, The Right of Children to Free and Compulsory Education Act, 2009.))  Consequently, even if they don’t have documents like a transfer certificate and age proof, children must be given admission to a school.

The children will get admission in a nearby government school.

The word ‘compulsory’ means that it is compulsory for the government to give free education to all children. It does not mean it is compulsory for parents to send their children to school.

For the purposes of admission to elementary schools under the Right to Education law, the age of the child is determined by way of an age of proof. The age of proof may include the child’s birth certificate or any other document which may be prescribed. In some cases the parents are required to confirm the child’s age by a written declaration or an affidavit. However, the child cannot be denied admission in case of a lack of proof towards age.¹

1. Section 14, The Right of Children to Free and Compulsory Education Act, 2009.  Application Form For Admission In Govt./Govt. Aided School Directorate Of Education, Govt. Of Nct Of Delhi, available at, http://edudel.nic.in/upload/upload_2019_20/admission_form_28022019.PDF [↩]

If the government has made the necessary arrangements for providing pre-school education to children between the ages of 3 and 6, then the child can get pre-elementary education, however, this is not compulsory.(( Section 11, The Right of Children to Free and Compulsory Education Act, 2009.)) In case, these schools have provisions for pre-elementary education, then they need to provide the same for free.

If the government shuts down the school a child is currently studying in, in its order for shutting down, the government shall provide the directions regarding other neighbourhood schools that children of a closing school shall be admitted into.(( Section 18(3), The Right of Children to Free and Compulsory Education Act, 2009.))

In case of a failure of the government in providing for such directions, you may approach the local authorities or another neighbourhood school.

Yes. The government will pay them the amount they spend on every child or its own per-child expenditure – whichever is lower.

Governments can provide pre-school education to children between the ages of 3-6 years. However, it is not compulsory for them to do so.

They are schools which give religious education, like Madrasas and Vedic Pathshalas. They are not obligated to provide free education.

All schools run by the government or substantially aided by Government, including private schools, are mandated to form a School Management Committee (SMC). The SMC composes of the elected representatives of the local authority and the parents, with ¾th of the committee composed of parents of the children admitted in school. The SMC is devised to monitor the working of the school, prepare development plans for the school, monitor utilisation of grants for the school etc. However, the SMC for minority schools and aided schools shall perform advisory functions only. The SMC is vested with the responsibility of devising a School Development Plan, based on which the school shall receive grants and measures of government planning.(( Section 21 and 22, The Right of Children to Free and Compulsory Education Act, 2009.))

No government school or private school teacher can provide private tuitions under the Right to Education law in India.(( Section 28,The Right of Children to Free and Compulsory Education Act, 2009.))

Yes, the right to education law puts a duty on parents or guardians to admit their child or ward to elementary neighbourhood school.(( Section 10, The Right of Children to Free and Compulsory Education Act, 2009.))  However, the aim of the law is to put a moral obligation on the parents to send children to school and not to compel them to do the same. Consequently, no penal provisions exist for contravention of this obligation.(( The Right of Children to Free and Compulsory Education Act, 2009.))