What the Law Says
Section 3(3): "Free education" means no child shall be liable to pay any fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.
What Schools Often Do Illegally
- ✗Charge for textbooks or notebooks
- ✗Charge for uniforms (government schools)
- ✗Collect "activity fees", "sports fees", or "computer fees"
- ✗Ask for money to issue progress reports or certificates
- ✗Charge for mid-day meal
What You Can Do
- ✓Refuse to pay any charge — you have a legal right not to
- ✓Ask the school to show their officially notified fee schedule
- ✓Photograph or write down any demand made in writing
- ✓File a written complaint with your local authority (panchayat/municipality)
⚠️Any school demand for money beyond the officially notified fee schedule is illegal.
What the Law Says
Section 13(1): No school shall collect any capitation fee. Section 13(2): No school shall subject a child or his/her parents to any screening procedure.
What Schools Often Do Illegally
- ✗Conduct written tests for Class 1 admission
- ✗Interview the child or parents
- ✗Ask for IQ tests or assessments
- ✗Demand "development fund" or "building fund" donations
- ✗Prefer children based on parents' education or profession
- ✗Give preference to alumni children through selective processes
What You Can Do
- ✓Refuse to participate in any test or interview — cite Section 13
- ✓Do not pay any donation or capitation fee
- ✓If admission is denied after you refuse a test/donation, file a complaint immediately
- ✓Complaint format: describe what the school demanded, when, who asked you, and what happened when you refused
⚠️Any school asking for money "voluntarily" before admission, or asking your child to sit a test, is violating the Act.
🏛️ Penalty: Capitation fee: fine up to 10x the amount. Screening: ₹25,000 first offence, ₹50,000+ each subsequent offence.How to file a complaint → What the Law Says
Section 3(1): Every child shall have the right to free and compulsory education in a neighbourhood school. Section 6: The government must establish a school within the prescribed neighbourhood area.
What Schools Often Do Illegally
- ✗Refuse admission because the child is "outside the catchment area" of a better school
- ✗N/A — this right is primarily against the government, not schools
What You Can Do
- ✓Find out your state's definition of neighbourhood distance (check your state's RTE Rules — typically 1 km for Classes I–V, 3 km for Classes VI–VIII)
- ✓If no school exists within that distance: write a complaint to your local authority demanding a school be established
- ✓If a school exists but is refusing admission: file a complaint under Section 32
- ✓If transportation is not provided despite the distance being more than prescribed: file a complaint
⚠️If the nearest school is more than 3 km away and no transport is provided, the government is in violation of Section 6.
🏛️ Penalty: Government violation of Section 6 can be challenged in court (writ petition to High Court).How to file a complaint → What the Law Says
Section 14(2): No child shall be denied admission in a school for lack of age proof.
What Schools Often Do Illegally
- ✗Refuse admission without birth certificate
- ✗Refuse admission without Aadhaar card
- ✗Refuse admission without transfer certificate from previous school
- ✗Insist on specific documents that the family cannot provide
What You Can Do
- ✓Know your state's list of acceptable alternative documents (Aadhaar, hospital record, ASHA worker certificate, anganwadi record, parent's self-declaration)
- ✓If you have none of these: provide a self-declaration of your child's age — the school must accept it
- ✓If the school still refuses: cite Section 14(2) directly and file a complaint
⚠️Any school saying "come back when you have the birth certificate" is violating Section 14.
🏛️ Penalty: Denial of admission is a violation of a fundamental right — complaint to local authority and SCPCR.How to file a complaint → What the Law Says
Section 4: A child above age 6 who has not been admitted or could not complete elementary education shall be admitted to an age-appropriate class and shall be entitled to special training.
What Schools Often Do Illegally
- ✗Refuse to admit a 10-year-old who has never been to school
- ✗Force an older child to start from Class 1
- ✗Insist a 16-year-old is "too old" for the school
- ✗Deny special training to catch-up students
What You Can Do
- ✓Demand age-appropriate class admission — a 10-year-old belongs in approximately Class 4 or 5, not Class 1
- ✓Demand that the school provide special training to help the child catch up
- ✓Even if the child is above 14: they retain the right to complete Class VIII — insist on this
- ✓If refused: immediate complaint to Block Education Officer
⚠️A school telling you your 12-year-old must start from Class 1 is violating Section 4.
🏛️ Penalty: Violation of fundamental right — complaint to local authority and SCPCR. BEO can direct admission.How to file a complaint → What the Law Says
Section 15 proviso: No child shall be denied admission if such child seeks admission after the extended period.
What Schools Often Do Illegally
- ✗Tell parents "the session has started, come next year"
- ✗Say "we have no vacant seats" to avoid mid-year admissions
- ✗Refuse admission to migrant children arriving in a new city
- ✗Create informal waiting lists instead of admitting immediately
What You Can Do
- ✓Walk in and demand admission — no school can refuse based on timing
- ✓Ask which class your child will be admitted to (should be age-appropriate per Section 4)
- ✓If denied: write a complaint the same day with the date and what you were told
- ✓Migrant families: local authority has a specific duty under Section 9(m) to ensure your child is admitted
⚠️A school saying "come back in April/June" to a child seeking admission mid-year is violating Section 15.
What the Law Says
Section 5(2): The head-teacher shall immediately issue the transfer certificate. Delay is not a ground for non-admission at the new school.
What Schools Often Do Illegally
- ✗Refuse TC until all outstanding fees are paid
- ✗Take 2–4 weeks to "process" the TC
- ✗Demand a formal application and waiting period
- ✗Use TC delay to pressure parents to stay
- ✗Charge a fee for issuing the TC
What You Can Do
- ✓Make a written request for TC (keep a copy)
- ✓The school must issue it immediately — same day or the next
- ✓If they refuse or delay: file a complaint with the local authority the same week
- ✓Proceed with admission at the new school regardless — the new school cannot refuse because your TC is delayed
⚠️Any school conditioning the TC on fee payment or creating any delay is violating Section 5.
What the Law Says
Section 16: No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.
What Schools Often Do Illegally
- ✗Tell parents the child has "failed" Class 3 and must repeat
- ✗Issue result cards showing "detained" or "failed"
- ✗Ask parents to take the child out of school due to poor performance
- ✗Threaten expulsion as discipline
- ✗Force a child to leave school for non-payment of fees
What You Can Do
- ✓Know that detention is illegal in Classes I–VIII — no exceptions (except re-examination in Classes V and VIII after the 2019 amendment)
- ✓If the school issues a detention notice: refuse it and cite Section 16
- ✓Demand that your child be promoted to the next class
- ✓Expulsion for any reason before Class VIII: file an immediate complaint
⚠️Any "fail" or "detained" result for a child in Classes I–IV or VI–VII is illegal under RTE.
What the Law Says
Section 17(1): No child shall be subjected to physical punishment or mental harassment. Section 17(2): Whoever contravenes this shall be liable to disciplinary action.
What Schools Often Do Illegally
- ✗Cane, slap, or beat children for not completing homework
- ✗Make children stand in the sun or kneel as punishment
- ✗Publicly humiliate children in front of the class
- ✗Force children to do physical labour (cleaning, fetching water)
- ✗Verbally abuse or threaten children
- ✗Call children names or make them feel stupid
What You Can Do
- ✓If your child reports abuse: document it (photograph injuries if any, write down what happened)
- ✓Speak to the Head Teacher first — put your complaint in writing
- ✓If the Head Teacher is the offender: go directly to the Block Education Officer
- ✓File with the School Management Committee (they monitor school functioning)
- ✓For serious cases: file a police complaint under Section 75 of the POCSO Act or IPC Section 323
- ✓NCPCR has a dedicated complaint portal: ncpcr.gov.in
⚠️Any physical mark, repeated fear of school, or reports of a teacher hitting: take immediate action.
🏛️ Penalty: Disciplinary action under service rules — can include suspension and removal from service.How to file a complaint → What the Law Says
Section 12(1)(c)/(d): Every private school must admit at least 25% of Class I strength from disadvantaged groups and weaker sections, and provide free education. The government reimburses the school.
What Schools Often Do Illegally
- ✗Claim all 25% seats are "already filled"
- ✗Ask 25% quota children to pay fees despite being entitled to free education
- ✗Discriminate against 25% quota children in class — seating, activities, etc.
- ✗Delay or refuse to submit reimbursement claims (so they can claim the scheme doesn't work)
- ✗Demand documents beyond what is prescribed
- ✗Tell parents the deadline has passed when it hasn't
What You Can Do
- ✓Apply during the 25% quota admission window (typically January–March) — check your state education department website for exact dates
- ✓Find out your state's income limit for "weaker section" — typically ₹1 lakh/year but varies by state
- ✓For "disadvantaged group": SC/ST/OBC/socially backward — no income limit
- ✓Required documents: income certificate, caste certificate (if applicable), address proof, child's age proof
- ✓Submit application to the school or online portal as per your state's process
- ✓If denied: file complaint with District Education Officer immediately
⚠️If a private school near you has no 25% quota children enrolled, something is wrong — investigate.
What the Law Says
Section 21(1): At least 75% of SMC members must be parents. At least 50% must be women. Proportionate representation for SC/ST/OBC parents is mandatory.
What Schools Often Do Illegally
- ✗Never inform parents that elections for SMC are happening
- ✗Fill SMC with teachers and local officials instead of parents
- ✗Hold SMC meetings without informing parent members
- ✗Not share financial information with the SMC
- ✗Ignore SMC recommendations for school improvement
What You Can Do
- ✓Ask the school when the next SMC election is — this information must be public
- ✓Nominate yourself or a trusted parent from your community
- ✓If no SMC exists: file a complaint with the BEO — having no SMC is a violation
- ✓As an SMC member: demand to see school accounts, government grants received, and School Development Plan
- ✓SMC meetings must be regular and minutes must be maintained
⚠️A school with no SMC, or an SMC entirely composed of teachers and officials, is violating Section 21.
🏛️ Penalty: Non-constitution of SMC is a monitoring violation — complaint to BEO and local authority.How to file a complaint → What the Law Says
Section 32(1): Any person with a grievance may write a complaint to the local authority. Section 32(2): Decision within 3 months. Section 32(3): Appeal to SCPCR.
What Schools Often Do Illegally
- ✗Tell parents "there's nothing we can do"
- ✗Threaten parents who complain with consequences for their child
- ✗Deny the violation happened when confronted
What You Can Do
- ✓Write your complaint clearly: what happened, when, who was involved, which section was violated, what remedy you seek
- ✓Submit it to your local authority (Gram Panchayat in rural areas, Municipal Council/Corporation in towns)
- ✓Keep a copy with proof of submission (get an acknowledgment)
- ✓Wait up to 3 months for a decision
- ✓If no decision in 3 months, or unsatisfactory decision: file appeal with SCPCR
- ✓You can also complain directly to NCPCR at ncpcr.gov.in (especially if SCPCR is unresponsive)
- ✓RTI applications to the school or government are also a powerful tool
⚠️Any school threatening you for complaining is committing a further violation. Document every interaction.
🏛️ Penalty: Depends on the violation — see the specific right page. SCPCR can recommend registration of FIR.How to file a complaint →