SITAPUR SCHOOL MERGER CASE - WRIT-C NO. 6290 OF 2025(DECIDED ON 07/07/2025)

Sitapur School Merger Case (WRIT-C No. 6290 of 2025) challenges the scheme of the school merger of the government of Uttar Pradesh. As per a Government Order dated 16.06.2025, National Education Policy 2020 (NEP 2020) was implemented in state-run schools under the supervision of Basic Shiksha Adhikari. The petitioners argued that the policy contravened Article 21-A of the Constitution which provides for free and compulsory education to children in the age group of 6 to 14 years and the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and the Uttar Pradesh Rules, 2011, by making the children walk a distance of more than 1 km to school. They contended that the Government Order was not a law within the meaning of Article 13 and could not override the fundamental rights. The State defended the program as a vital strategy for addressing the inefficiencies of small, under-enrolled schools and for optimising resources, saying that it met constitutional and statutory requirements by providing transport and other arrangements where appropriate. The court upheld the policy pointing out the limited scope of judicial review of policy choices even if unconstitutional, capricious or infringing basic rights. The Court took a purposive construction of the relevant legislation keeping in view the practical challenges in a huge State like Uttar Pradesh and found no arbitrariness or malafide. The order reiterated that the pairing strategy is in conformity with the objectives of NEP 2020, does not violate Article 21-A or the RTE Act and directs the State to ensure that no child is denied education on account of its implementation. The decision reinforces the idea of separation of powers and the need for flexibility in the application of education programs.