HC Rejects Petitions Against UP Government’s School Merger Order | 09 Jul 2025
Why in News?
The Allahabad High Court dismissed petitions challenging the state government’s order for the merger of government-run primary schools and upper primary schools.
- The petitioners argued that the move violates the Right to Education (RTE) Act 2009, hinders children's education, and increases social inequality.
Key Points
- High Court Decision:
- The court ruled that policy decisions cannot be challenged unless they are unconstitutional or arbitrary.
- The court asserted that pairing (merger) of schools does not violate Article 21A of the Constitution.
- Article 21A guarantees the right to education as a fundamental right for children between the ages of 6 and 14 years.
- The government’s step is constitutional, legally valid, and intended to enhance educational quality and resource efficiency.
- The court asserted that pairing (merger) of schools does not violate Article 21A of the Constitution.
- Background:
- In June 2025, the Uttar Pradesh Basic Education Department issued an order stating that schools with fewer than 50 students would be merged into nearby schools from July 2025.
- The government aimed to improve the quality of education and ensure optimal use of resources by shifting these students to upper primary or composite schools.
- The court ruled that policy decisions cannot be challenged unless they are unconstitutional or arbitrary.
- Right to Education (RTE) Act, 2009:
- The RTE Act aims to provide primary education to all children aged 6 to 14 years.
- Section 12(1)(c) mandates that non-minority private unaided schools should reserve at least 25% of seats in entry-level grades for children from economically weaker and disadvantaged backgrounds.
- It also makes provisions for a non-admitted child to be admitted to an age appropriate class.
- It also states about the sharing of financial and other responsibilities between the Central and State Governments.
- Education in the Indian constitution is a concurrent issue and both centre and states can legislate on the issue.
- It lays down the norms and standards related to: Pupil Teacher Ratios (PTRs), Buildings and infrastructure, School-working days, Teacher-working hours.
- It also provides for the prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.
- It provides for the appointment of teachers with the requisite entry and academic qualifications.
- It prohibits:
- Physical punishment and mental harassment
- Screening procedures for admission of children
- Capitation fee
- Private tuition by teachers
- Running of schools without recognition