HC completes hearing, reserves verdict in school merger case
A single-judge bench of Justice Pankaj Bhatia reserved the order on Friday evening after the state government presented its viewpoint, justifying the merger of schools. Hearing in the case began on Thursday.
Additional advocate general (AAG) Anuj Kudesia and chief standing counsel (CSC) Shailendra Kumar Singh presented the state government's view in court.
The government counsel apprised the court about such primary schools that have zero students. They also informed the court about primary schools where the strength of students was less than 15.
Defending the merger of primary schools, the government counsel pointed out that the merger of schools was in the larger interest of students. They pointed out that there will be more social activity and scope for development for a student who is relocated from a school having a few students to a school having 300 students.
Senior advocate LP Mishra and advocate Gaurav Melhotra represented the petitioners in court.
Mishra argued that the state government's June 16 order for the merger of primary schools violates Article 21A of the Constitution, which guarantees the right to free and compulsory education for children between the ages of 6 and 14 years and a school within one km for a village having a population of 300.
'It makes primary education a fundamental right and makes the state duty-bound to provide free and compulsory education to all eligible children, and this right cannot be waived,' he added.
'The government is duty-bound to create resources for schools within these parameters,' Mishra argued in court.
Fifty-one students from Sitapur – 50 from a primary school and one from the upper primary section – approached the high court challenging the June 16 order of the state government for the merger of primary schools across UP. They moved the court through their guardian.
They opposed the merger, stating that it will cause difficulties for children who will have to travel farther to reach their new schools, affecting their right to free and compulsory education.
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