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. 
  • 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. 
• 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