SC declined to hear Sanjay Singh’s plea against merger of 105 UP schools, directing him to approach Allahabad HC.
Singh argued the mergers violated Article 21A and the RTE Act by forcing children to travel long distances without facilities.
Petition cited UP RTE Rules and landmark judgments affirming education as a fundamental right.
The Supreme Court on Monday refused to entertain a plea filed by Aam Aadmi Party (AAP) Rajya Sabha MP Sanjay Singh challenging the Uttar Pradesh government’s decision to merge 105 government-run primary schools.
A Bench comprising Justices Dipankar Datta and A.G. Masih observed that Singh’s petition, filed under Article 32 of the Constitution, sought to enforce statutory rights under the Right to Education (RTE) Act, which should instead be addressed by the Allahabad High Court.
“Are you not trying to enforce rights under the RTE Act? If it is a statutory right, it cannot be camouflaged as a writ under Article 32,” the Bench remarked.
Following this observation, senior advocate Kapil Sibal, representing Singh, sought permission to withdraw the plea with liberty to approach the High Court. The apex court then dismissed the case as withdrawn.
Singh’s petition had described the June 16 order and June 24 list formalising the mergers as “arbitrary and unconstitutional.” It argued that the consolidation of schools with low enrolment forces children to travel longer distances without transport facilities, violating Article 21A and the RTE Act.
The plea also invoked Rule 4 of the Uttar Pradesh RTE Rules, 2011, which mandates primary schools within one kilometre of children’s residences, particularly in habitations with a population of at least 300 persons. It further cited landmark judgments in Mohini Jain vs State of Karnataka and Unnikrishnan J.P. vs State of Andhra Pradesh, which affirmed education as integral to the right to life and dignity.
