The child could be held back only in accordance with the provisions of Section 16 (as amended) of the RTE Act notwithstanding the wishes or whims of the parent.
“16. (1) There shall be a regular examination in the fifth class and in the eighth
class at the end of every academic year.
(2) If a child fails in the examination referred to in sub-section (1), he shall be
given additional instruction and granted opportunity for re-examination within a period
of two months from the date of declaration of the result.
(3) The appropriate Government may allow schools to hold back a child in the
fifth class or in the eighth class or in both classes, in such manner and subject to such
conditions as may be prescribed, if he fails in the re-examination referred to in
sub-section (2):
Provided that the appropriate Government may decide not to hold back a child in
any class till the completion of elementary education.
(4) No child shall be expelled from a school till the completion of elementary
education.”.