U.P. school mergers: Supreme Court asks AAP MP to move High Court against order to merge low-enrolment schools
A Bench headed by Justice Dipankar Datta noted that the issue was related to thousands of students and was related to an Executive action. Ideally, an Executive move ought to be challenged in the High Court concerned. The court further noted that the right to education was a statutory right under the Right of Children to Free and Compulsory Education Act, 2009, while also being a Constitutional entitlement under Article 21A of the Constitution.
The court remarked that in cases when a right was covered by a specific statute, aggrieved persons ought to move the High Court first under Article 226 of the Constitution before agitating the issue as a Constitutional one.
Mr. Singh, represented by senior advocate Kapil Sibal, advocates Farukh Khan and Sriram Parakkat, withdrew his petition. He was given liberty to approach the High Court, which was requested to hear the case, if filed, expeditiously.
The Rajya Sabha MP had said the State's order had adversely affected the educational access of numerous children.
The State had, through an order of June 16, paired low-enrolment schools with proximate ones. A list issued on June 24 had identified 105 low-enrolment schools.
'As a result, several functioning schools have been closed or merged, forcing children to travel longer distances without transport, infrastructure, or prior notice. This violates Article 21A, Section 6 RTE Act, and Rule 4(1)(a) of the UP RTE Rules, since children are deprived of neighbourhood schooling… Closure or merger of schools, once established under Section 6 read with Rule 4, cannot be done by mere Executive order without legislative sanction,' the petition had pointed out.
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