Lucknow: The Allahabad High Court's Lucknow bench on Monday dismissed two petitions challenging the Uttar Pradesh government's decision to merge nearly 5,000 low-enrolment primary schools into nearby higher primary or composite schools. The court held that such policy decisions cannot be interfered with unless proven to be unconstitutional or made with malintent.
On June 16, 2025, the state's Basic Education Department issued an order directing the merger based on declining student numbers. The petitioners, including 51 children from Sitapur and others, contended that the move violated the Right to Education (RTE) Act, potentially depriving younger children of accessible schooling.
A single bench of Justice Pankaj Bhatia observed that under RTE Rules 4(1), 4(2), and 4(3), the state is obligated to either establish schools within reasonable proximity to habitations or provide safe transportation options where proximity is not feasible.
The court directed that no child should be denied education due to logistical or administrative changes. Referencing the National Education Policy (NEP) 2020, the court noted that the policy’s provision of "school pairing" aims to ensure resource sharing and quality education, and found no evidence to contradict its intent or legality under Article 21A of the Constitution.
The judgment clears the way for the state to speed up its merger drive. Empty or underpopulated schools will be combined with nearby facilities to optimize staff and infrastructure. Basic Shiksha Adhikaris (BSAs) have been instructed to implement the policy while ensuring legal safeguards.
The state’s argument focused on efficiency, citing schools with no students and asserting that the move was essential for educational quality. However, teachers' associations remain critical. Sulochana Maurya of the UP Women Teachers’ Association warned that increased distances to school may push children out of the system, especially in rural areas where families cannot afford transport. Some fear students may drop out or shift to private institutions.
The UP Primary Teacher Association also argued the merger violates the RTE Act and child protection norms. Since 2017, over 28,000 schools have already been merged, resulting in the loss of headmaster posts and increased teacher surplus.
Meanwhile, AAP MP Sanjay Singh criticised the court’s decision, calling it disappointing and questioning whether the move aligns with the fundamental right to education. He indicated the matter may now be taken to the Supreme Court.
