The Supreme Court on Monday agreed to hear a plea challenging the Uttar Pradesh government’s decision to merge over 100 government-run primary schools citing low student enrolment, a move the petitioner claims will force thousands of children out of their neighborhood schools.
A bench comprising Justices Surya Kant and Joymalya Bagchi said it would list the matter for hearing next week after advocate Pradeep Yadav, appearing for petitioner Taiyyab Khan Salmani, sought urgent intervention to stay the June 16 government order.
Yadav argued that the order, issued by the Additional Chief Secretary of the state’s Basic Shiksha Department, mandates the merger or “pairing” of 105 primary schools under the control of Basic Shiksha Adhikaris, effectively leading to their closure. A list detailing the affected schools was issued on June 24, 2025.
According to the petition, the move would compel thousands of students to travel to distant schools, significantly disrupting access to primary education in rural and underserved areas. The counsel also submitted that the Allahabad High Court had dismissed earlier pleas against the order on July 7 without adequately considering the impact on children’s education.
Justice Surya Kant remarked that while the decision appears to be a policy matter, the court is willing to examine it closely if it involves the closure of government schools, especially where it might affect constitutional guarantees.
The petitioner has contended that the policy violates Article 21A of the Constitution, which guarantees free and compulsory education for children, and contravenes the provisions of the Right of Children to Free and Compulsory Education Act, 2009. Specifically, Rule 4(1)(a) of the Act mandates the establishment of a school within a one-kilometer radius of a habitation with a population of at least 300 people.
The plea terms the merger decision as “arbitrary and unreasonable,” warning that it could irreparably damage the already fragile state of primary education in Uttar Pradesh.
The Supreme Court is expected to take up the matter for detailed hearing next week.
