HC dismisses plea for stay on merger of primary schools in Uttar Pradesh

A guardian on behalf of 51 students from Sitapur moved the high court against the merger, saying it violated their right to free and compulsory education

The Allahabad high court’s Lucknow bench on Monday dismissed a petition seeking a stay on the merger of primary schools in Uttar Pradesh. A single judge bench of Justice Pankaj Bhatia completed the two-day hearing on July 4 and reserved the judgement.

A guardian on behalf of 51 students from Sitapur moved the high court against the merger. (Shutterstock)

A guardian on behalf of 51 students from Sitapur moved the high court against the merger, saying it violated their right to free and compulsory education. The petitioner said the merger will cause difficulties for those who will now have to travel farther to their new schools.

Additional advocate general Anuj Kudesia and chief standing counsel Shailendra Kumar Singh, who appeared for the government, justified the move saying some primary schools had zero and others less than 15 students.

The government said the merger of schools was in the larger interest of students. It added that there will better scope for students relocated from a school having a few pupils to one having 300 of them.

Senior advocate LP Mishra, who represented the petitioner, argued that the state government’s June 16 order for the merger violated Article 21A of the Constitution, which guarantees the right to free and compulsory education for children aged 6 to 14 and a school within one km for a village with a population of 300.