The Supreme Court on Tuesday directed the Kerala government to take urgent steps to establish government primary schools in areas where none currently exist, ensuring all children have access to education within their neighbourhoods 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 upheld a Kerala High Court order that required the state to set up a school in areas lacking educational facilities within a 3-4 kilometre radius.
The court emphasised the need for a “holistic decision” to establish primary schools in all such regions, particularly those with difficult geographical terrain.
“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… In all such areas with difficult geographical terrain, schools must be established without delay," the bench stated.
To facilitate implementation, the court laid out a two-phase process. In the first phase, the state government must identify all areas without lower or upper primary schools.
In the second phase, schools must be established where there is no lower primary school within a one-kilometre radius, or no upper primary school within 3-4 kilometres.
Acknowledging possible budget constraints, the Chief Justice suggested the temporary use of private buildings to start schools until proper infrastructure is developed.
However, the court clarified that such arrangements must not continue indefinitely and that adequate funding should be allocated for permanent facilities.
To address staffing challenges, the court permitted the hiring of retired teachers on a temporary basis for up to one year. It also urged gram panchayats to provide land for school construction, ideally at no cost, and encouraged charitable institutions to set up schools in underserved areas, subject to adherence to strict guidelines on admissions, infrastructure, and RTE compliance.
The bench strongly criticised the use of public funds to upgrade private institutions in areas lacking government schools, stating, “Public money cannot be wasted on upgradation of a private schools.”
(With inputs from PTI)
