AAP's Sanjay Singh Moves SC Against Uttar Pradesh Govt's Decision To Shut 105 Primary Schools
Plea argues that action of merging/pairing government primary schools based on low student enrolment is beyond legal authority RTE Act 2009 and UP RTE Rules.
By Sumit Saxena
Published : July 30, 2025 at 5:57 PM IST
New Delhi: Aam Aadmi Party (AAP) Rajya Sabha MP Sanjay Singh has moved the Supreme Court against the decision of the Uttar Pradesh government to close 105 government-run primary schools.
The plea, filed through advocate Sriram P, stated that the petitioner is aggrieved by the arbitrary, unconstitutional, and legally impermissible action of the Uttar Pradesh government in pairing and merging 105 government-run primary schools through its government order dated June 16, 2025, and the consequential list dated June 24, 2024.
The plea contended that this action has already adversely impacted the educational access of numerous children across the state. The petitioner said he has been approached by several aggrieved parents and community stakeholders whose children have been affected by the pairing order.
The plea urged the apex court to issue a direction setting aside the June 16 government order issued by the additional chief secretary, Department of Basic Education, Government of Uttar Pradesh, and the consequential list dated June 24 issued by the Basic Shiksha Adhikari, Lucknow, identifying 105 schools for pairing/merger.
The plea urged the apex court to declare that the policy of “pairing” or merging functioning government primary schools beyond the prescribed neighbourhood limit of one kilometre without compliance with Rule 4(2) of the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011, is unconstitutional, arbitrary and violative of the fundamental right to education under Article 21A of the Constitution.
“Because the impugned Government Order dated June 16, and the consequential orders dated June 24 and June 27, issued by the State of Uttar Pradesh, are manifestly arbitrary, unconstitutional and violative of Article 21-A of the Constitution of India, which guarantees every child the fundamental right to free and compulsory elementary education in a "neighbourhood school" in the manner prescribed by law. The Right of Children to Free and Compulsory Education Act, 2009 ("RTE Act") enacted by Parliament is the legislation that operationalises this constitutional mandate, and its specific provisions especially Sections 3, 6, 8, 19 and 25, cannot be diluted or overridden by executive fiat”, said the plea.
The plea argued that the action of merging/pairing government primary schools solely based on low student enrolment is per se ultra vires the RTE Act, 2009 and the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 (U.P. RTE Rules).
“There is no provision under the RTE Act or the Rules that prescribes any minimum roll strength as a criterion for the existence or continuation of a school. The impugned action has been taken in the absence of any statutory authority and is therefore illegal, arbitrary and unsustainable in law”, the plea stated.
“Rule 4 of the UP RTE Rules clearly prescribes that for children in Classes I to V, a neighbourhood school must be available within a distance of 1.0 kilometre. The merger/pairing of schools situated more than 1.2 km away from the students’ residence directly contravenes this statutory prescription and infringes the very core of the right under Article 21-A”, said the plea.
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