E-Paper
Allahabad HC orders status quo on merger of schools in Sitapur till Aug 21
Interim order has nothing to do with the merit of the state govt’s merger policy and its implementation, says the high court
Prefer HTon Google
In an important judgment, the Lucknow bench of the Allahabad high court on Thursday ordered to maintain the status quo on the merger of primary schools in Sitapur district and also pointed out that the interim order has nothing to do with the merit of the state government’s policy and its implementation. The court has fixed the next hearing of the case on August 21.
The high court passed the order only for Sitapur district after it noticed certain glaring discrepancies with respect to merger of schools there during hearing of the case. A division bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh passed the order on two petitions—one by 5 children and the other by 17 children from Sitapur district through their parents.
The petitioners had sought a stay on the July 7 order of the single judge bench of the high court which dismissed the petitions challenging the state government’s June 16 order for merger of primary schools run by the basic education department of the state government.
“We make it clear that at this point of time the grant of interim order has nothing to do with the merit of the policy and its implementation as such,” the court said. Senior advocate LP Mishra and advocate Gaurav Mehrotra argued on behalf of the petitioners, whereas additional advocate general Anuj Kudesia and chief standing counsel Shailendra Kumar Singh argued on behalf of the state government.
During the hearing, irregularities came to the fore in some documents of merger presented by the state government. They came to light when reference to the documents produced before the single judge bench (which dismissed the petitions against merger on July 7) was made. The court noticed certain discrepancies and pointed them out to the additional advocate general.
In view of this, the court ordered to maintain the status quo on the merger process of primary schools in Sitapur district. Mishra argued that the state government’s order to merge schools violates the Right to Free and Compulsory Education Act for children aged 6-14. He also raised concerns that the merger would create problems for young children as they would have to travel long distances to attend school.
The government counsel apprised the court of such primary schools those have zero students. They also informed the court about primary schools where the strength of students was fewer than 15. Defending the merger of primary schools, the government counsel pointed out that it was in the larger interest of students. They said 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.
