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Singh was instructed by the court to petition the Allahabad High Court, which was requested to make a prompt decision on the matter.
Sanjay Singh, a member of the Rajya Sabha and leader of the Aam Aadmi Party (AAP), appealed the Uttar Pradesh government's decision to close and merge 105 primary schools due to low enrollment, but the Supreme Court rejected his case on Monday [Shri Sanjay Singh vs. State of Uttar Pradesh & Ors.].
Singh was permitted to withdraw his petition and go to the Allahabad High Court by a bench consisting of Justices Dipankar Datta and AG Masih.
A public interest litigation (PIL) lawsuit contesting a June 16 Uttar Pradesh government order and a follow-up list identifying 105 primary schools for merger was being heard by the court.
The appeal basically addressed issues regarding the enforcement of statutory rights under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), the Court observed after hearing Senior Advocate Kapil Sibal, who represented Singh.
It then instructed Singh to seek the proper remedy from the Allahabad High Court. It also instructed the High Court to hear the case quickly and render a decision, taking into account the rights and interests of thousands of students.
Singh had previously argued that the State's approach violated the RTE Act's promise of neighborhood education and was arbitrary and unconstitutional. According to Singh's plea, primary schools must be located within a kilometer of residential areas as required by Section 6 of the Act, read with the Uttar Pradesh RTE Rules. Exceptions are only allowed in the event that compensatory measures, such as transportation or residential facilities, are in place, which were not the case in this instance.
See also: AAP MP Sanjay Singh challenges the UP government's decision to close 105 primary schools in the Supreme Court.
Additionally, the petition claimed that children from marginalized groups—such as girls, children with disabilities, members of Scheduled Caste/Scheduled Tribe, and minority communities—were disproportionately impacted by the school closures. It further stated that the move, which was put into effect in the middle of the school year, had resulted in safety issues, dropout rates, and overcrowding.
Singh will now have to take the case to the Allahabad High Court in light of the Supreme Court's ruling today.
In addition to Sibal, Singh was represented by advocates Farruk Khan, Abid Ali Beeran, and Sriram Parakkat.
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