Petitioners' counsel LP Mishra and Gaurav Mehrotra argued that the government's move violates Article 21A, as it could deprive children aged six to 14 of neighbourhood schooling. They said the focus should be on improving school standards to boost enrolment.
Press Trust of India | July 5, 2025 | 12:23 PM IST
NEW DELHI: The Allahabad High Court on Friday concluded hearing on pleas challenging the Uttar Pradesh government's decision to pair primary and upper primary schools with fewer than 50 students with nearby institutions, but reserved its verdict. A bench of Justice Pankaj Bhatia reserved the order on two separate petitions filed by Krishna Kumari and others, who are seeking the cancellation of the state government's June 16 order.
The petitioners' counsel, LP Mishra and Gaurav Mehrotra, argued that the state government's action violates Article 21A of the Constitution, which guarantees the right to education for children aged between six and 14 years. They contended that the implementation of the decision would deprive children of their right to education in their neighbourhood. The government should instead focus on improving the standard of schools to attract more students, the petitioners said.
It was argued by the petitioners that the government has chosen the "easier way" of closing these schools, rather than working towards public welfare, overriding economic gains or losses. However, Additional Advocate General Anuj Kudesia, Chief Standing Counsel Shailendra Singh, and Senior Advocate Sandeep Dixit, representing the director of basic education, argued the government's decision was made according to rules and is free from flaws or illegalities.
They stated that many schools have very few, or even no students and clarified that the government has not "merged" the schools but "paired" them, assuring that no primary schools are closed. During the hearing, Kudesia requested the court to ban reporting on the case, claiming that the ongoing coverage was "tarnishing the image of government lawyers." However, Justice Bhatia rejected this demand, stating that while the government could frame a law to that effect if it wished, the court would not issue such an order.
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