Court says decision was not arbitrary as only 12 students were enrolled and the transferee school was just 1.5 km by road and 500 metres on foot.
Shimla, Sept. 7, 2026: The Himachal Pradesh High Court has dismissed a writ petition challenging the State Government’s decision to merge Government Middle School, Sandyar, with Government Senior Secondary School, Chhat, holding that the move was neither arbitrary nor unreasonable.
A Division Bench comprising Justice Ajay Mohan Goel and Justice Yogesh Jaswal said the merger was undertaken to ensure “effective and optimum utilization” of educational resources and to improve the quality of education by providing a better peer-group learning environment.
The School Management Committee had approached the court seeking quashing of the notification dated June 10, 2026, by which the Middle School at Sandyar was de-notified and merged with the nearby senior secondary school. It also sought a direction to restore the school as an independent institution and maintain its sanctioned staff and infrastructure.
The State informed the court that the school was merged with the nearest government senior secondary school located within 1.5 km by road and 500 metres on foot. It was further submitted that only 12 students were enrolled in Classes 6 to 8 at the time of merger, and all students were successfully accommodated in nearby schools. While 11 students joined GSSS Chhat, one student took admission in GHS Androli. The teaching and non-teaching staff were also adjusted accordingly.
The court noted that the primary school at Sandyar continued to function independently, and only the middle school segment was merged. It observed that educational resources should be used where student strength is adequate, rather than being retained in a school with very few students.
The Bench added that it might have interfered if the transfer school had been too far for easy access. However, since the distance was short and no real hardship was shown, the court found no arbitrariness in the State’s decision.
Accordingly, the writ petition was dismissed and all pending miscellaneous applications were disposed of.
Bottom Line :
Education - Merger of Government Middle School with nearby Government Senior Secondary School - Where merged school was within 1.5 KM by road and 500 meters on foot, and only 12 students were enrolled, decision taken for optimum utilization of resources and better educational environment could not be termed arbitrary.
Statutory provision(s): Article 226 of the Constitution of India, 1950, Right of Children to Free and Compulsory Education, Himachal Pradesh Rules, 2025
