HC bench headed by chief justice to hear special appeals against school merger today

A single-judge bench of Justice Pankaj Bhatia on July 7 had dismissed two petitions challenging the June 16 order of the state for merger of government-run primary schools.

The Lucknow bench of the Allahabad high court will hear on Tuesday two special appeals against the court’s July 7 order which had dismissed two petitions against the merger of primary schools.

The petitioners have opposed the merger of schools 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. (FILE PHOTO)

A division bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh will hear the two petitions.

A single-judge bench of Justice Pankaj Bhatia on July 7 had dismissed two petitions challenging the June 16 order of the state for merger of government-run primary schools.

According to applicants’ advocate Gaurav Mehrotra, the first special appeal has been filed by five children, and the second by 17 children through their parents.

A double judge bench of Justice AR Masoodi and Justice Sriprakash Singh also dismissed a PIL on July 10 that challenged the June 16 order of the state government for the merger of primary schools run by the basic education department.

The PIL was filed by advocate Jyoti Rajput, arguing that this step (merger of schools) may adversely affect children from poor families living in remote villages.

The petitioners have opposed the merger of schools 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.

Senior advocate LP Mishra, appearing on behalf of petitioners, had 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

Defending the merger of primary schools, the state government asserted that the merger of schools was in the larger interest of students.

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, according to the state government.

There are around 1.40 lakh primary schools across the state run by the basic education department of the state government.