Supreme Court directs Kerala to set up primary schools in areas with no functional schools
Court upholds High Court’s direction for school establishment, orders state-wide policy to cover underserved and difficult terrain areas
The Supreme Court has directed the Kerala government to establish Government Lower Primary and Upper Primary Schools in all areas lacking functional schools, especially where children currently have to travel 3 to 4 kilometres or more. A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi upheld the Kerala High Court’s order directing the sanction of a Government Lower Primary School at Elambra in Manjeri, Malappuram.
The Court recognized the public interest petition filed by residents highlighting the absence of schools within reasonable distance. It ordered the State to implement the High Court’s direction within three months and further issued comprehensive state-wide directions for school establishment in areas with difficult geographical terrain.
The Supreme Court instructed the State to formulate a policy within three months to establish schools in such underserved areas under the 2009 Kerala Education Act. It recommended establishing schools wherever no lower primary school exists within 1 km or upper primary school within 3 km.
Acknowledging financial constraints, the Court permitted temporary arrangements using private buildings as makeshift schools and the appointment of retired teachers until regular recruitment. It also allowed charitable institutions to participate, provided transparency, equality, adequate infrastructure, and compliance with the Right to Education Act.
The Court expressly forbade any private individual from profiting from these directions. Gram panchayats were tasked with providing site lists to aid establishment. Senior Advocate PV Dinesh appeared for Kerala before the Supreme Court.