State Practice of Merging Government School and Right to Education in India- Legal Issues and Challenges

ABSTRACT

The process of school merging or consolidating/rationalizing has become an essential strategy implemented by Indian authorities in order to increase efficiency and make optimal usage of their resources in the education sector. As seen in existing literature, several problems associated with poor performance of government schools, including low enrollments and lack of proper infrastructure as well as teachers, have contributed to the adoption of the rationalization strategy. However, there has been scholarly critique of the adverse effects caused by such strategies in terms of increased travel distances to schools and lack of appropriate transport facilities. Such factors coupled with poor security measures for females have resulted in low enrolments and irregular attendance. Moreover, there has been a debate about the incompatibility of the process with the Right of Children to Free and Compulsory Education Act, 2009, especially the idea of neighbourhood schools. This paper will take an analytical and doctrinal approach to explore the reasons, impacts, and legalities associated with the issue of school merging in India. There has to be a balance between efficiency and constitutional rights provided in Article 21A as well as equality.

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