## Report on the Delhi Right of Children to Free and Compulsory Education Amendment Rules, 2020
**1. Executive Summary:**
This report analyzes the Delhi Right of Children to Free and Compulsory Education Amendment Rules, 2020, as published in the Delhi Gazette on June 27, 2022. This amendment modifies the existing Delhi Right of Children to Free and Compulsory Education Rules, 2011, by inserting a new rule (21A). This new rule stipulates that the Government will notify the manner and conditions under which a child can be held back in a grade, as per Section 16(3) of the Right of Children to Free and Compulsory Education Act, 2009. The key finding is that the amendment delegates the specifics of grade retention to future government notifications, leaving current implementation details unspecified.
**2. Introduction:**
This report aims to provide an informative overview of the Delhi Right of Children to Free and Compulsory Education Amendment Rules, 2020, based solely on the text of the gazette notification published on June 27, 2022. The report analyzes the amendment's purpose, key changes, and potential implications based solely on the information provided in the document.
**3. Policy Overview:**
This is an amendment to the Delhi Right of Children to Free and Compulsory Education Rules, 2011. The core objective of the amendment, as inferred from the provided text, is to establish a framework for defining the conditions under which a child can be held back in a grade, deferring the specific details to a future government notification.
**4. Background and Rationale:**
The amendment addresses Section 16(3) of the Right of Children to Free and Compulsory Education Act, 2009, which addresses the holding back of a child in a grade. The amendment text indicates a need to clarify the "manner and conditions" under which this holding back can occur. The amendment suggests that the existing rules lacked sufficient detail on this aspect, necessitating a formal process for the Government to notify these conditions. The absence of clear guidelines may have led to inconsistencies in implementation, prompting the amendment to create a mechanism for standardized procedures.
**5. Key Provisions / Changes:**
This amendment introduces a new rule, 21A, to the Delhi Right of Children to Free and Compulsory Education Rules, 2011.
* **Specific Part Changed:** The amendment inserts a new rule after rule 21 of the 2011 Rules.
* **New Rule:** Rule 21A states: "The manner and conditions subject to which a child can be held back under subsection 3 of section 16, will be notified by the Government."
* **Difference/Effect of Change:** Previously, the rules lacked explicit guidance on the process and criteria for holding a child back. This amendment does not provide the specific details but delegates the responsibility to the Government to formally notify these details at a later date. The key change is the *establishment of a commitment* to define and communicate these conditions through an official notification.
**6. Target Audience and Stakeholders:**
The primary target audience and stakeholders directly affected by this amendment include:
* **The Directorate of Education (Delhi):** Responsible for implementing the rules and any future notifications regarding grade retention.
* **Schools within the National Capital Territory of Delhi:** Must adhere to the rules and future notifications regarding grade retention policies.
* **Teachers and School Administrators:** Directly involved in decisions related to student promotion and retention.
* **Parents and Guardians of Students:** Affected by the policies regarding student progress and retention.
* **Students:** Subject to the grade retention policies.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency:** The Government of the National Capital Territory of Delhi, specifically the Directorate of Education, is responsible for implementing the amendment and, more importantly, for issuing the future notification that will define the manner and conditions for holding back a child.
* **Timelines/Procedures:** The amendment comes into force on the date of its publication (June 27, 2022). The next step is the issuance of a notification by the Government, specifying the "manner and conditions" for holding back a child. The text does not specify a timeline for this notification.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome of this amendment is to provide clarity and consistency in the application of grade retention policies within Delhi schools. By tasking the Government with defining the specific conditions for holding back a child, the amendment aims to:
* Establish a standardized process for grade retention decisions.
* Ensure that such decisions are made based on clearly defined criteria.
* Potentially reduce arbitrary or inconsistent application of retention policies across different schools.
* Protect the rights of children as outlined in the Right to Education Act, 2009, Section 16.
The actual impact will depend on the specifics of the future notification issued by the Government.
**9. Conclusion:**
The Delhi Right of Children to Free and Compulsory Education Amendment Rules, 2020, represents a significant step toward clarifying the conditions under which a child can be held back in a grade within the Delhi school system. While the amendment itself does not provide the specific details, it establishes a framework for the Government to formally notify these conditions in the future. The effectiveness of this amendment will hinge on the clarity, comprehensiveness, and timely issuance of this subsequent government notification. This amendment is crucial for ensuring consistent and equitable application of retention policies, impacting students, parents, educators, and the overall education system within the National Capital Territory of Delhi.
Key Entities Referenced
National Capital Territory of Delhi: A Union Territory of India
Right of Children to Free and Compulsory Education Act, 2009: An Act of the Parliament of India enacted in 2009
Delhi Right of Children to Free and Compulsory Education Rules, 2011: Rules pertaining to the Right of Children to Free and Compulsory Education Act in Delhi.
Delhi Right of Children to Free and Compulsory Education Amendment Rules, 2020: Amendment rules to the Delhi Right of Children to Free and Compulsory Education Rules.
HIMANSHU GUPTA, IAS: Director Education for the Government of National Capital Territory of Delhi.
Directorate of Education: Right to Education Branch: A branch of the Directorate of Education in Delhi responsible for matters related to the Right to Education Act.
रजिस्ट्री स.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99
भारत स रकार
GOVERNMENT OF INDIA
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एस.जी.-डी.एल.-अ.-28062022-236873
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SG-DL-E-28062022-236873
ऄसाधारण
EXTRAORDINARY
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 342] ददल्ली, सोमवार, िनू 27, 2022/अषाढ़ 6, 1944 [रा.रा.रा.क्ष.ेदद. स.ं157
No. 342] DELHI, MONDAY, JUNE 27, 2022/ASHADHA 6, 1944 [N. C. T. D. No.157
भाग IV
PART IV
राष्ट्रीय रािधानी राज्य क्षत्रे ददल्ली सरकार
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI
जिक्षा जनदेिालय: जिक्षा का ऄजधकार िाखा
ददल्ली, 27 twu] 2022
डी. इ. अर.टी.इ/ जन:िुल्क एव ं ऄजनवाय य बाल जिक्षा का ऄजधकार ऄजधजनयम,
2009 (2009 का 35) की धारा 16 की ईप-धारा (3) के साथ पठित धारा 38 द्वारा प्रदत्त िजियों का प्रयोग करत े हुए
ईप-राज्यपाल राष्ट्रीय रािधानी क्षत्रे , ददल्ली के एतद्द्वारा ददल्ली के बच्चों को जन:िुल्क एव ं ऄजनवायय बाल जिक्षा का ऄजधकार
जनयम, 2011 म ें संिोधन करन े के जलए जनम्नजलजखत जनयम बनाया गया ह:ैं ऄथायत:्-
1. (1) आन जनयमों को ददल्ली के बच्चों का जन:िुल्क एव ं ऄजनवाय य बाल जिक्षा का ऄजधकार (संिोधन) जनयम, 2020 कहा
िायेगा।
(2) यह जनयम ददल्ली रािपत्र म ें आस ऄजधसूचना के प्रकाजित होने की जतजथ स े लागू होंगे ।
2. ददल्ली म ें बच्चो को जन:िल्ु क एवं ऄजनवाय य बाल जिक्षा का ऄजधकार जनयम 2011 के जनयम 21 के ईपरांत जनम्नजलजखत
जनयम ऄन्तः स्ट्थाजपत दकया िायेगा, ऄथायत:्
4294 DG/2022 (1)2 DELHI GAZETTE : EXTRAORDINARY PART IV]
“21ए धारा 16 की ईप-धारा (3) के तहत जिस तरीके और ितों के ऄधीन एक बच्च े को वापस रखा िा सकता ह,ै ईसे
सरकार द्वारा ऄजधसूजचत दकया िाएगा "
ईप-राज्यपाल, राष्ट्रीय रािधानी क्षत्रे ,
ददल्ली के अदेि स ेऔर ईनके नाम पर,
जहमांिु गुप्ता, अइएएस जनदेिक (जिक्षा)
DIRECTORATE OF EDUCATION: RIGHT TO EDUCATION BRANCH
NOTIFICATION
Delhi, the 27 June, 2022
F. No. DE.23(92)/RTE/2019/169.—In exercise of the powers conferred by section 38 read with
sub-section (3) of section 16 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), the
Lieutenant Governor of National Capital Territory of Delhi hereby makes the following rules, to amend the Delhi Right
of Children to Free and Compulsory Education Rules, 2011, namely:-
1. (1) These rules may be called the Delhi Right of Children to Free and Compulsory Education (Amendment)
Rules, 2020.
(2) They shall come into force on the date of their publication in the Delhi Gazette.
2. In the Delhi Right of Children to Free and Compulsory Education Rules, 2011, after rule 21, the following rule
shall be inserted, namely:-
“21A. The manner and conditions subject to which a child can be held back under sub-section (3) of section
16, will be notified by the Government.
By Order and in the Name of
Lt. Governor of National Capital Territory of Delhi,
HIMANSHU GUPTA, IAS Director (Education)
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.