The Supreme Court has declined to directly hear a petition filed by Aam Aadmi Party (AAP) MP Sanjay Singh against the Uttar Pradesh government's decision to close 105 government-run primary schools. The court advised Singh to approach the Allahabad High Court, holding that the issue falls within the High Court's jurisdiction.

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A Bench led by Justices Dipankar Datta and A.G. Masih said the matter was linked to statutory rights under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). Therefore, the correct forum to challenge the government's order was the High Court under Article 226 of the Constitution, rather than the Supreme Court under Article 32.

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The Bench remarked:
"This is an attempt to enforce rights under the RTE Act. It cannot be disguised as an Article 32 petition. Since it is a state-specific issue, the High Court should examine it."

Senior advocate Kapil Sibal, appearing for Singh, argued that shutting down the schools had directly impacted poor and marginalised children who were being forced to travel long distances without proper facilities. He also mentioned that a similar case had been dismissed earlier by the Allahabad High Court. The state’s counsel, however, informed the Bench that an intra-court appeal is already pending there.

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Following these submissions, Singh withdrew the petition with liberty to move the High Court again. The Supreme Court also underlined that the High Court must take up the issue on priority, given its impact on thousands of children.

The Uttar Pradesh government had issued orders on June 16 and June 24, 2025, directing the "pairing" of schools with negligible or zero enrolment with nearby institutions. Singh's petition contended that this policy violated Article 21A of the Constitution and the UP RTE Rules, 2011, as children were losing their right to accessible neighbourhood schools.

The state government defended its action as part of restructuring under the National Education Policy (NEP) 2020, citing that operating schools with very few students was neither practical nor financially sustainable.

Case Title: Sanjay Singh v. State of Uttar Pradesh & Ors.

Case No.: Writ Petition (Civil) No. 767 of 2025