The Allahabad High Court’s Lucknow Bench dismissed a plea challenging the Uttar Pradesh Government’s decision to merge certain primary schools, ruling that the action did not violate the constitutional guarantee of free and compulsory education under Article 21A.
The petition, filed by a guardian on behalf of 51 students from Sitapur district, sought a stay on the school merger notification issued by the state on June 16. The petitioner contended that the decision would force children to travel greater distances to access education, thereby infringing upon their fundamental right to a neighborhood school.
A single-judge bench of Justice Pankaj Bhatia heard arguments over two days and reserved judgment on July 4. On Monday, the Court declined to interfere with the government's decision, effectively allowing the merger plan to proceed.
Senior Advocate L.P. Mishra, appearing for the petitioners, submitted that the state’s policy undermined the mandate of Article 21A of the Constitution, which ensures free and compulsory education for children between the ages of 6 and 14. He argued that shifting schools farther from students' residences violates norms under the Right to Education Act, which stipulate a primary school within one kilometer of a village having a population of at least 300.
In defense, Additional Advocate General Anuj Kudesia and Chief Standing Counsel Shailendra Kumar Singh justified the state’s action, noting that several primary schools in rural areas had zero or very low student enrolment, often fewer than 15 students. They maintained that the rationalization was driven by educational interest and aimed to provide better resources and peer learning opportunities in consolidated institutions with larger student populations.
The state emphasized that children transferred from sparsely populated schools to institutions with around 300 students would benefit from improved academic engagement and a more dynamic learning environment.
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