Today, On 18th August, The Supreme Court asked AAP MP Sanjay Singh to approach the Allahabad High Court regarding the closure of 105 schools in Uttar Pradesh, observing, “Are you not trying to enforce rights under the Right to Education Act?”
Lucknow: The Supreme Court declined to hear Aam Aadmi Party (AAP) MP Sanjay Singh’s petition challenging the Uttar Pradesh government’s decision to shut down 105 primary schools.
The court noted that the issue should first be brought before the Allahabad High Court.
Justices Dipankar Datta and AG Masih stated that since Singh was seeking to enforce rights under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), it was more appropriate to approach the jurisdictional high court under Article 226 of the Constitution rather than invoking the Supreme Court’s powers under Article 32 directly.
Read Also: BREAKING|| AAP MP Sanjay Singh | “Don’t Tamper with Evidence” : Delhi Court Orders Singh
Senior counsel Kapil Sibal, representing Singh, argued,
“These children can no longer go to the school. And most of them are poor.”
The bench responded,
“Are you not trying to enforce rights under the Right to Education Act? You cannot then camouflage this as an Article 32 petition [for enforcement of fundamental rights]. It is a local problem. It is a problem of UP [Uttar Pradesh], and it has not spilled over to some other states. Let the high court deal with the matter.”
Sibal pointed out that the high court had already dismissed a similar petition.
Additional Solicitor General KM Nataraj, representing Uttar Pradesh, informed the bench that “there is an intra-court appeal pending against this order in the Allahabad high court.”
Reiterating its position, the bench remarked,
“If it is a statutory right, then it cannot be camouflaged as a writ petition under Article 32. There is a three-judge bench decision on this.”
Read Also: Delhi High Court Refuses Bail to AAP’s Sanjay Singh in Excise Policy Scandal
After this exchange, Sibal asked for permission to withdraw the petition, with the option to approach the high court. He requested that the high court expedite the hearing, given the significant impact on the education of thousands of children.
The bench allowed the withdrawal and granted Singh the liberty to move to the high court with that request.
Singh’s petition contested the Uttar Pradesh government’s order from June 16, which directed that primary schools with zero or low enrollment be paired with nearby institutions. A list released by the Basic Shiksha Adhikari, Lucknow, on June 24 identified 105 schools for pairing, effectively rendering them inactive or merged with distant schools.
Also Read: AAP MP Sanjay Singh’s Bail Plea| Allahabad HC Reserves Decision
Filed by advocate Sriram Parakkat, the petition argued that this forced children to travel longer distances, often without transportation, infrastructure, or prior notice, thereby violating their fundamental right to free and compulsory education under Article 21A, as enforced by the RTE Act and the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011.
The Uttar Pradesh government defended its decision as part of policy restructuring aligned with the National Education Policy (NEP) 2020, asserting that maintaining schools with minimal student numbers was inefficient.
Singh contended that once established, schools cannot be closed or merged through executive orders without legislative authority, warning that such closures would disproportionately affect children from marginalized communities.
Case Title: Sanjay Singh v. State of Uttar Pradesh & Ors.
Case No.: W.P.(C) No. 767/2025
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
