The Allahabad High Court has ordered status quo on the Uttar Pradesh Government’s ongoing school pairing initiative in Sitapur district until August 21, 2025. This interim relief was granted in response to special appeals filed against the dismissal of earlier writ petitions by a Single Judge on July 7, 2025.
The division bench comprising Chief Justice Arun Bhansali and Justice Jaspreet Singh passed the directive while hearing two special appeals. These were filed by Master Nitesh Kumar (through his mother Smt. Lalli Devi) and Dharm Veer (through his guardian Shri Bhanu Pratap Singh and others). The petitions contested the pairing of schools carried out by the State government, particularly within Sitapur district.
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The appellants strongly argued that such school pairing violates the Right of Children to Free and Compulsory Education Act, 2009, which mandates access to neighbourhood schools, and is also in breach of Article 21-A of the Indian Constitution that guarantees the right to education.
"The challenge was laid primarily on account of the fact that paired schools violate the norm of having a school in the neighbourhood under the provisions of the RTE Act, 2009," the Court recorded.
During the original hearings before the Single Judge, it was noted that no counter affidavit had been filed by the State. However, certain minutes and documents were submitted orally by the Additional Advocate General (AAG).
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Later, while re-evaluating the case, the Division Bench observed glaring discrepancies in those submissions.
“When reference to the documents produced before the learned Single Judge was made and certain discrepancies were noticed by the Court… an application for taking affidavit on record has been filed,” the bench noted.
The State then filed a fresh affidavit, annexing all the documents allegedly submitted earlier, attempting to clarify the discrepancies. The High Court took this affidavit on record and granted the appellants time to file their response.
The matter is now scheduled to be heard afresh on August 21, 2025.
“In the meanwhile and till the next date, only in respect of District Sitapur… status quo as it exists today, qua the implementation of the exercise undertaken by the respondents for pairing of schools shall be maintained,” the bench ordered.
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Importantly, the Court clarified that this interim relief does not imply any opinion on the merits of the school pairing policy or its execution.
“We make it clear that… the grant of interim order has nothing to do with the merit of the policy and its implementation as such,” the Court stated.
Case title - Master Nitesh Kumar, thru. his Mother Smt. Lalli Devi vs. State of U.P. thru. Addl. Chief Secy./Prin.Secy., Deptt. of Basic Education, Lko. and 4 others and connected appeal
For Appellants: Gaurav Mehrotra, Utsav Mishra, Manjari, Lalta Prasad Misra, Prafulla Tiwari
For Respondents: Anuj Kudesia (AAG), Shailendra Kumar Singh (CSC), Ranvijay Singh (ACSC), Rishabh Tripathi, Arun Kumar Singh