High court disposes of writ petition against UP govt's decision to merge primary schools
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Prayagraj: The Allahabad high court disposed of a writ petition challenging the Uttar Pradesh govt's order to merge small primary and upper primary schools with fewer than 50 enrolled students into larger nearby schools, saying that the matter has already been decided by the HC's Lucknow bench.
Disposing of the writ petition filed by Shashi and four others, Justice Chandra Dhari Singh observed, "The order passed by the Lucknow bench on July 7 has been placed before this court. On perusal of the said order, it reflects that the controversy has already been settled by the Lucknow bench."
"Taking into consideration the submissions made by the senior counsel appearing on behalf of the petitioners and the counsel appearing on behalf of the respondents, and the judgment and order passed by a coordinate bench of this court, the writ petition is disposed of," the court said in its order dated July 10.
The Uttar Pradesh govt had on June 16 announced that it plans to merge small primary and upper primary schools with fewer than 50 students into larger nearby schools. This decision aims to improve education quality and optimise resource utilisation, citing issues of underutilisation and inefficiency in these small schools.
However, the stand of the petitioners in the writ petition was that the merger violated the right to education (RTE) Act and could hinder children's access to education by forcing them to travel further to new schools.
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Besides, the decision could disproportionately affect girls and lead to increased dropout rates, added the writ petition.
Pronouncing the verdict, the Lucknow bench had on July 7 said that the state govt is bound to ensure that no child is left out because of any action taken by it.
It had observed, "On a complete analysis of Rule 4(1), Rule 4(2) and Rule 4(3) read conjointly of the Right to Education Act, it is clear that the state govt is bound to establish school on the nearest possible place from a habitation and in the absence thereof, it is obliged to ensure transportation facilities etc.,
and in conjunction thereof identifying the neighbourhood schools, whether they are government schools or otherwise.
"
Considering the National Education Policy 2020 framed by the central govt, the bench had said, "The policy in itself is laudable and prescriptions have been given with regard to the steps to be taken to ensure that education is imparted at the initial level to all the citizens and the children of the country."
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