The Supreme Court on Monday declined to hear Aam Aadmi Party (AAP) leader and Rajya Sabha Member of Parliament Sanjay Singh's plea against the Uttar Pradesh government’s decision to close and merge 105 primary schools on the ground of low enrolment [Shri Sanjay Singh vs. State of Uttar Pradesh & Ors.].
A Bench of Justices Dipankar Datta and AG Masih allowed Singh to withdraw his petition and approach the Allahabad High Court instead.
The Court was hearing a public interest litigation (PIL) petition challenging a Uttar Pradesh government order dated June 16 and a follow-up list identifying 105 primary schools for merger.
After hearing Senior Advocate Kapil Sibal, who appeared for Singh, the Court noted that the petition essentially raised questions of enforcement of statutory rights under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).
It proceeded to direct Singh to approach the Allahabad High Court for appropriate relief. It further directed the High Court to hear and decide the matter expeditiously, considering that rights and interests of thousands of students are involved.
Singh had earlier contended that the State’s policy was arbitrary and unconstitutional, violating the right to neighbourhood schooling guaranteed under the RTE Act. Singh's plea argued that Section 6 of the Act, read with the Uttar Pradesh RTE Rules, requires primary schools within a one-kilometre radius of habitations, and that exceptions are permissible only if there are compensatory measures like transport or residential facilities in place, which were not provided in this case.
The petition also alleged that the school closures disproportionately affected children from marginalised backgrounds, including girls, children with disabilities, and those from Scheduled Caste/ Scheduled Tribe and minority communities. It added that the decision, implemented mid-academic year, had led to overcrowding, dropouts and safety concerns.
With the Supreme Court’s order today, Singh will now have to approach the Allahabad High Court in the matter.
Besides Sibal, advocates Farruk Khan, Abid Ali Beeran and Sriram Parakkat appeared for Singh.