New Delhi: The Supreme Court has directed Kerala to take urgent steps to ensure that government lower primary schools are available within a one-kilometre radius and government upper primary schools within a three-kilometre radius in all parts of the State.
The order was issued by a three-judge Bench headed by Chief Justice A. Surya Kant, which sharply criticised the State government for rejecting the long-standing demand for a government LP school in Elambra, under the Manjeri municipality in Malappuram district. The court expressed surprise that a State with 100 per cent literacy was unwilling to comply with the requirements of the Right to Education Act.
The Bench observed that the State could not evade its constitutional obligation to implement the Right to Education Act by citing lack of funds or relying on provisions of the Kerala Education Rules. Kerala had achieved full literacy by investing in education and took pride in that achievement, the court noted.
The Supreme Court rejected the State’s argument that children from Elambra could be transported by government-funded buses to a school located three kilometres away, instead of establishing a new LP school in the locality. The court clarified that the Act required schools to be established within a one-kilometre radius, not that students be taken to distant schools by bus. The State has been directed to initiate steps to set up the schools within six months. The ruling will not apply to aided or private institutions, the court added.
According to social activist Muhammad Faizi, residents of Elambra first demanded a government LP school in 1985. Local people later raised funds to purchase one acre of land for the school, and the Manjeri municipality even offered to construct a building. Yet the government did not grant approval. Complaints were subsequently filed before the Child Rights Commission and the Human Rights Commission. Faizi then approached the High Court, which, based on the District Education Officer’s report confirming the absence of an LP school within one kilometre, ordered the establishment of the school. The State government appealed to the Supreme Court, leading to this decisive ruling.
Key directions issued by the Supreme Court
1. If the government lacks land, panchayats and municipalities must provide it
2. If no building is available, one must be taken on rent
3. If teachers are unavailable, retired teachers may be appointed on contract
4. Permanent teachers must be appointed within one year