New Delhi: The Supreme Court of India on Tuesday directed the Kerala government to take immediate steps to establish government lower primary and upper primary schools in all regions currently lacking educational facilities. The apex court emphasized that the right to education under the Right of Children to Free and Compulsory Education Act (RTE Act) 2009 cannot be denied to children due to geographical or financial constraints.
Bench Upholds High Court Orders
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi upheld a Kerala High Court direction requiring the State to set up a school in an area with no educational facility within a 3-4 km radius. Terming the High Court order “justified and valid,” the Supreme Court granted the State three months to ensure compliance.
The case arose from a State petition challenging the High Court’s order to establish a lower primary school in a remote village in Malappuram district. The Supreme Court refused to entertain the State’s challenge while issuing a general direction for the establishment of schools in all underserved areas.
Two-Phase Approach for School Establishment
The Court laid out a two-phase roadmap for Kerala:
- Phase One: Identify all regions without any lower or upper primary schools.
- Phase Two: Establish schools in all areas lacking a lower primary school within one kilometre or an upper primary school within three kilometres.
Acknowledging the State’s resource limitations, the Court permitted the use of private buildings as temporary school facilities, provided these are not used indefinitely. The State was also directed to make budgetary allocations for permanent school infrastructure.
Additional Guidelines for Implementation
- Gram Panchayats must provide land-site information for establishing schools.
- Retired teachers may be appointed temporarily to avoid disruption of academic activities.
- Charitable institutions can be invited to establish schools in unserved areas, provided they maintain transparency, equality in admissions, infrastructure standards, and comply with the RTE Act, but private individuals cannot profit from this initiative.
The Supreme Court highlighted the importance of ensuring accessible education in regions with difficult terrain, stating that schools must be set up in the same locality to ensure children can attend without hardship.
Background
The original High Court order was passed in July 2020 following a Public Interest Litigation filed by an individual seeking a Government Lower Primary School in Elambra, Manjeri Municipality. The petition noted that local residents had purchased one acre of land for the school, and the Municipality had offered to provide a building for the purpose.
