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The Allahabad High Court’s Lucknow bench has clarified that the Right of Children to Free and Compulsory Education (RTE) Act, 2009, applies in full to private unaided schools, including the provision that prohibits them from detaining students at the elementary level.

Justice Pankaj Bhatia allowed a petition filed by two schoolboys, aged 11 and 14, who had been held back by their ICSE-affiliated private school in Lucknow. Both were denied promotion for the 2024-25 academic year on the grounds of low marks and inadequate attendance.

The children, represented through their father and natural guardian, argued that the school’s decision was illegal and contrary to Section 16 of the RTE Act, which bars any school from holding back or expelling a child until completi

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