On Need to Build Schools In Areas Without Any, Supreme Court's Big Order To Kerala

The government of Kerala has to establish lower and primary schools in areas that do not have any, the Supreme Court has said in a hearing about the need for a school in Manjeri, Malappuram district. This would include areas that have difficult geographical terrain. Chief Justice of India Surya Kant said the state of Kerala should take a policy decision in this regard within three months. 

In the second phase, when there are no lower primary schools within a radius of 1 km and upper primary within a radius of 3 km the school must be established. 

"We are conscious that the state government may not have funds for wholesome construction of required schools... let some private buildings be identified where schools can be established as a makeshift arrangement. Such arrangement cannot continue indefinitely and that necessary budgetary allocation needs to be done for the same," the top court said in its order. 

The gram panchayats may be directed to provide the available site list to the government, the court said. Retired teachers should be appointed till regular teachers can be found, the judges added.

The state will also be at liberty to invite charitable institution to open schools in such areas provided there is transparency in admission and no capitation fee; the principles of equality are followed, adequate infrastructure is ensured, Right to Education act is adhered to.

On July 29, 2020, the Kerala High Court had asked the state and the Director of Public Instructions to open a Lower Primary School at Elambra area of Manjeri municipality following a petition by a local resident.

Residents of Elambra had to depend on primary schools located three or four kilometers away. Predominantly Muslim, the children come from around 350 families of agricultural labourers and porters. 

The Kerala government had moved the top court against this high court order.

⁠The state's contention for decades has been that it cannot consider "individual requests" as construction of a school can only be done if such an "educational need" is identified during the school mapping conducted by the government.

⁠This was despite recommendations from officials junior and senior, the State Human Rights Commission and the State Commission for Protection of Child Rights. The area had even elected the MLA who went on to become the education minister in the most literate state in India in 2006.

Even so, the residents of Elambra had to wait for over 35 years before a High Court judgment to be granted a primary school.