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Supreme Court Refuses to Hear UP School Merger Challenge, Directs AAP MP to Allahabad High Court

It held that the RTE Act’s statutory remedy lies under Article 226, giving permission to withdraw the plea for prompt high-court adjudication.

The Supreme Court allowed the withdrawal of the plea and granted Sanjay Singh liberty to move the high court. (HT PHOTO)
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Overview

  • The Supreme Court on August 18 declined to entertain Sanjay Singh’s petition under Article 32 and said his challenge to the June 16 school pairing order must be raised before the Allahabad High Court.
  • Singh’s plea argued that pairing 105 low-enrolment schools listed on June 24 would force children into longer commutes without guaranteed transport or nearby infrastructure, violating Article 21A and RTE Act norms.
  • A bench led by Justices Dipankar Datta and A.G. Masih clarified that enforcement of statutory rights under the RTE Act falls under the High Court’s jurisdiction via Article 226.
  • With the court’s approval, Singh withdrew his petition in the Supreme Court and secured liberty to seek an expedited hearing of the case in the Allahabad High Court.
  • The Uttar Pradesh government’s school consolidation drive, defended as alignment with NEP 2020 and resource optimisation, remains in effect while High Court proceedings on procedural safeguards continue.