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News18
08-07-2025
- Politics
- News18
'No Violation Of Children's Right To Education': Allahabad HC Upholds UP School Pairing Policy
Last Updated: The bench of Justice Pankaj Bhatia held that the move to merge low-enrolment government primary and upper primary schools does not violate the Right To Education. The Allahabad High Court on July 7, 2025, upheld the Uttar Pradesh government's school pairing policy introduced as part of the National Education Policy (NEP) 2020. Dismissing two writ petitions filed by more than 50 students challenging the policy, the bench of Justice Pankaj Bhatia held that the move to merge low-enrolment government primary and upper primary schools does not violate the constitutional guarantee under Article 21-A or the mandates of the Right to Education (RTE) Act and associated rules. Students from Gautam Buddha Nagar district filed the petitions through their parents and guardians, who argued that the government order dated 16 June 2025, and a follow-up communication dated 24 June 2025 violated their children's right to elementary education by mandating the merger of 105 government schools. The petitioners contended that the pairing would force young children to walk more than one kilometre to school, exceeding the prescribed limits under Rule 4 of the Uttar Pradesh RTE Rules, 2011 (UP Rules), and would result in school closures in their villages. Counsel for the petitioners in one petition, Dr LP Mishra, submitted that the merger policy effectively deprived children of their right to access education in a neighborhood school as required under Section 6 of the RTE Act. Referring to Rule 4(a) of the UP Rules, he argued that the state government has to establish a school in a habitation that has no school within a distance of one kilometre and has a population of at least 300. Advocate Gaurav Mehrotra, appearing for other petitioners, argued that the executive instructions are neither a government order nor come within the definition of law as prescribed under Article 13. 'The fundamental rights cannot be amended except in accordance with law and certainly not through the executive instructions," he stated. On the other hand, the State, represented by Additional Advocate General Anuj Kudesia, defended the policy as a rational and necessary reform to optimize educational infrastructure and teacher resources. It was pointed out that 58 schools had zero students and many others had minimal enrolment, leading to underutilized buildings and skewed pupil-teacher ratios. The policy, the state argued, was not a closure of schools but a rationalization exercise aligned with NEP 2020 goals. 'Even after the paring, the state government is bound to ensure that free and compulsory education is provided to all children," he emphasised. He further argued that as per the Rules of Business, the Additional Chief Secretary had full authority to issue the order, and therefore the petitioner's claim that it was merely an executive instruction and not a valid government order should be rejected. He further highlighted that the petitioners could not demonstrate by any verified data that the implementation of the policy of pairing would in effect result in negating the rights that are vested by Article 21-A of the Constitution. The single judge bench rejected the plea that the pairing policy was arbitrary or violative of children's rights. Court noted that the policy explicitly provided for exceptions in cases where a child may need to travel beyond the 1 km or 3 km distance, and that Rule 4(2) of the UP RTE Rules allows such relaxation if transportation or other facilities are provided. Court pointed out that the NEP, 2020, authorises and prescribes for consolidation of small schools which have been rendered economically suboptimal and operationally complex to run and are posing a systematic challenge to governance and management. Court also highlighted that although the government's decision was nothing but an action in furtherance of the NEP, 2020, the petitioners had not made any challenge to the policy itself. Moreover, court noted that the approximate population of the State is 24 crore and if the petitioners' argument that for every 300 inhabitants one school should be available within 1 Km range, the state will have to provide for about 8 lakh schools; which would render the entire Rule 4(1)(a) to an absurdity. Court added that on a conjoint reading of Rule 4(1), Rule 4(2) and Rule 4(3), it is the duty of the state government to establish schools as far as practical at a distance which is closest to the habitation, and if the same is not possible, to ensure that the children are provided facilities such as transportation. Therefore, finding no material to the contrary in respect of guidelines of pairing in the NEP, 2020, the high court dismissed the petitions. However, court directed that 'it will be the duty of the Basic Shiksha Adhikari to ensure that no child is left out for being educated and all steps as are necessary shall be taken… in accordance with law". Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated! tags : National Education Policy (NEP) Right to Education (RTE) Act view comments Location : New Delhi, India, India First Published: July 08, 2025, 16:45 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
New Indian Express
07-07-2025
- Politics
- New Indian Express
Allahabad HC dismisses petitions against UP government's plan to merge primary, upper primary schools
LUCKNOW: In a respite to the Uttar Pradesh government, the Allahabad High Court dismissed two petitions challenging the UP Basic Education Department's plan to merge government primary and upper primary schools that have less than 50 students enrolled therein. The single judge Bench, comprising Justice Pankaj Bhatia, thereby upheld the State government's decision for pairing of eligible schools with nearby educational facilities to make the education system more functional and viable. Notably, the teachers' association and the opposition parties, including the Samajwadi Party and the Bahujan Samaj Party, opposed the school merger plan of the State government, which remained firm on its decision. According to an official, the decision was taken in the best interest of students. As per the official figures, there are 1.40 lakh government primary and upper primary schools in the State, of which 29,000 have 50 or fewer students. Around 89,000 teachers are posted in these schools. The broader plan is to shift students from low-enrollment schools to nearby institutions with larger campuses and better facilities. However, challenging the June 16 order of the State government, a total of 51 students from Sitapur district had approached the Allahabad High Court through their guardians. The petitioners contended that the State government order was violative of Art 21A of the Constitution of India. The petitioners, represented by advocate LP Mishra and Gaurav Mehrotra, contended that the decision to mere the schools would undermine the interest of the children as they would have to travel longer distances to reach the school. Meanwhile, the State justified the decision by submitting that the move would be in larger interest of the students and it would pave way for better utilisation of the resources. The State government apprised the Bench that the objective of the education department was to make better use of resources, reduce dropout rate while ensuring quality education.
The Print
04-07-2025
- Politics
- The Print
Allahabad HC reserves verdict on pleas against UP govt's school pairing move
The petitioners' counsel, LP Mishra and Gaurav Mehrotra, argued that the state government's action violates Article 21A of the Constitution, which guarantees the right to education for children aged between six and 14 years. A bench of Justice Pankaj Bhatia reserved the order on two separate petitions filed by Krishna Kumari and others, who are seeking the cancellation of the state government's June 16 order. Lucknow, Jul 4 (PTI) The Allahabad High Court on Friday concluded hearing on pleas challenging the Uttar Pradesh government's decision to pair primary and upper primary schools with fewer than 50 students with nearby institutions, but reserved its verdict. They contended that the implementation of the decision would deprive children of their right to education in their neighbourhood. The government should instead focus on improving the standard of schools to attract more students, the petitioners said. It was argued by the petitioners that the government has chosen the 'easier way' of closing these schools, rather than working towards public welfare, overriding economic gains or losses. However, Additional Advocate General Anuj Kudesia, Chief Standing Counsel Shailendra Singh, and Senior Advocate Sandeep Dixit, representing the director of basic education, argued the government's decision was made according to rules and is free from flaws or illegalities. They stated that many schools have very few, or even no students and clarified that the government has not 'merged' the schools but 'paired' them, assuring that no primary schools are closed. During the hearing, Kudesia requested the court to ban reporting on the case, claiming that the ongoing coverage was 'tarnishing the image of government lawyers.' However, Justice Bhatia rejected this demand, stating that while the government could frame a law to that effect if it wished, the court would not issue such an order. PTI COR CDN NSD NSD This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
