Supreme Court directs Kerala to set up primary schools in areas with no functional schools

The Supreme Court on Tuesday directed the Kerala government to establish Government Lower Primary and Upper Primary Schools in all areas where such schools are not in existence [State of Kerala v. Muhammad Fasi]

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi was hearing the State’s challenge to a Kerala High Court order directing the sanction of a Government Lower Primary School at Elambra in Manjeri, Malappuram.

The top court upheld the High Court’s direction in the individual case. CJI Kant ordered,

“In the present case, we are told there are no schools within 3 to 4 km. That being so, the High Court direction to establish a school in such an area is justified and is valid. Let the same be done in three months.”

The case arose from a public interest litigation (PIL) before the High Court, in which residents said that children in Elambra had no school within a 3 to 4 kilometre radius. They had also arranged one acre of land for the purpose and the local municipality supported the proposal.

However, the State argued that an expert committee had not identified any need for a school in that locality under the Kerala Education Rules and the Right to Education framework.

While deciding in favour of the petitioners, the Supreme Court went a step ahead and issued State-wide directions and said that schools must be established in all areas with difficult geographical terrain.

“Let the State of Kerala take a holistic decision to set up government primary school where there are no such schools functioning under the 2009 Act. All such areas which has difficult geographical terrain, school must be established in the same area and let a policy decision be taken in this regard within three months.”

It added that in the second phase, schools must be established when there are no lower primary schools within a radius of 1 km and upper primary schools within a radius of 3 km.

At the same time, the Bench recognised financial constraints on the State and permitted temporary measures.

“We are conscious that State Government may not have funds for wholesome construction of required schools. In this regard let some private buildings be identified where school can be established as a makeshift arrangement and such arrangement cannot continue indefinitely and that necessary budgetary allocation needs to be done for the same,” the Court said.

It also directed gram panchayats to provide site lists and allowed the appointment of retired teachers until regular recruitment is completed.

It also said that the State may invite charitable institutions to develop schools in underserved regions if they ensure transparency in admissions, equality, adequate infrastructure, adherence to the Right to Education Act and no capitation fee.

It was clarified that no private individual shall be allowed to take benefit of the directions.

Senior Advocate PV Dinesh appeared for the State before the Supreme Court.