NEW DELHI: The Supreme Court on Monday dismissed a plea filed by AAP Rajya Sabha MP Sanjay Singh, challenging the validity of the Uttar Pradesh government's decision to merge 105 government-run primary schools with nearby schools due to negligible enrollments.
A bench of Justices Dipankar Datta and Augustine George Masih declined to entertain the petition filed under Article 32 of the Constitution, by treating as dismissed as withdrawn, since similar matters were already pending before the Allahabad High Court.
Senior advocate Kapil Sibal, appearing for the petitioner contended future of hundreds of students were at stake.
The bench, however, said it was a local problem and not spilled over to other states, the Allahabad High Court should examine it.
The court said, since the matter involved the enforcement of statutory rights under the Right of Children to Free and Compulsory Education Act, 2009, and the High Court was already seized of the matter, it was better for it to decide.
The court granted liberty to the petitioner to approach the High Court and asked it to decide the matter expeditiously.
The petitioner claimed the Uttar Pradesh government's decision to "shut down" 105 schools taken in June, this year was illegal, arbitrary and unconstitutional. His plea contended under the RTE Rules mandated establishment of primary schools for Classes I to V within a one-kilometre radius of every habitation with population of at least 300 people.
"The decision violates the constitutional and statutory rights of children under Article 21A of the Constitution and the RTE Act. The children between in the age group of 6 to 11 years, particularly those belonging to Scheduled Castes, Scheduled Tribes, minority communities, and girls-are the most adversely affected," his plea said.
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