Rajya Sabha MP and Aam Aadmi Party national spokesperson Sanjay Singh has approached the Supreme Court challenging the Uttar Pradesh government's decision to close and merge 105 low-enrolment primary schools with nearby schools within a three-kilometer radius as part of a policy to consolidate unutilised schools.
Singh has called the move arbitrary, unconstitutional and contrary to the Right of Children to Free and Compulsory Education Act (RTE), 2009.
His petition filed through advocates Sriram Parakkat and Farrukh Khan has assailed a Government Order of June 16 and a consequential list issued on June 24 identifying schools for pairing.
According to the plea, functional neighbourhood schools have been closed and merged without statutory basis, compelling children, especially from marginalised backgrounds, to travel unreasonable distances in violation of Article 21A of the Constitution (right to free and compulsory education for all children between the ages of 6 and 14).
The petition argues that Section 6 of the RTE Act read with Rule 4(1)(a) of the Uttar Pradesh RTE Rules requires primary schools to be available within a one-kilometre radius of habitation with a population of at least 300. Exceptions under Rule 4(2) permit deviation only where compensatory measures like transport or residential facilities are provided which the petition states are not made available.
According to Singh, the policy lacks legislative sanction and bypasses mandatory consultation with School Management Committees under Section 21 of the RTE Act.
The decision was implemented mid-academic year without public notice, stakeholder input, or uniform criteria, resulting in overcrowded classrooms, infrastructure gaps and dropouts, the petition claims.
The plea further states that children with disabilities, girls, and those from SC/ST and minority communities have been disproportionately affected. Several families have withdrawn their children due to safety concerns and logistical hardships, particularly where schools are now located across highways, rivers, or forested terrain, Singh has argued.
According to Singh, the June 16 order apart from being violative of several Constitutional provisions, also contradicts India’s obligations under the UN Convention on the Rights of the Child (UNCRC).