SC directs Kerala Govt to establish primary schools in areas lacking them

The Supreme Court (SC) on Tuesday directed the Kerala Government to take a “holistic decision” to establish Government lower and upper primary schools in all areas where none are functioning.

Observing that every child should have access to neighbourhood schooling as mandated under the Right of Children to Free and Compulsory Education (RTE) Act, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued a series of directions.

The bench upheld a Kerala High Court direction asking the state Government to set up a school in an area that had no educational facility within a 3–4-kilometre radius.

“The state of Kerala must take a holistic decision to establish Government primary schools in all areas where none are functioning under the 2009 Act,” it said, adding, “In all such areas with difficult geographical terrain, schools must be established without delay.”

The bench laid down a two-phase approach.

In the first phase, the Government will have to identify all regions without any lower or upper primary school.

In the second phase, schools must be established in all areas lacking a lower primary school within a radius of one kilometre or an upper primary school within 3-4 kilometres.

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

The bench was hearing the appeal of the state Government against the Kerala High Court order on a petition that sought the setting up of a school in Elambra in Manjeri Municipality, where there were no primary educational institutions within a 3–4-kilometre radius.

The High Court had directed the Manjeri Municipality to take urgent steps for the construction of the necessary buildings for the school.

Finding the High Court’s direction justified, the Supreme Court upheld the order and directed the state to comply within three months.

To prevent delay in operationalising new schools, the bench allowed the engagement of retired teachers on a contractual basis for six months, extendable up to one year, until regular recruitment takes place.

The bench also directed gram panchayats to provide the state with details of land that could be used for establishing schools, preferably free of cost.

It further permitted the Government to frame a policy inviting charitable institutions to set up schools in underserved areas, subject to strict adherence to transparency in admissions, equality principles, adequate infrastructure norms, prohibition of capitation fees and compliance with all RTE obligations.

“No private individual shall be allowed to take benefit of the above directions,” the CJI said.

The bench disapproved of the practice of spending public funds on improving private institutions when Government schools were absent, observing that “public money cannot be wasted on upgradation of a private school.”