The Supreme Court on Tuesday directed the Kerala government to take a “holistic decision” to set up government lower and upper primary schools in every locality where none currently exist, reinforcing the mandate of neighbourhood schooling under the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued comprehensive directions while hearing the state’s appeal against a Kerala High Court ruling that had ordered the establishment of a school in Elambra, Manjeri Municipality, where no primary educational facility was available within a 3–4 kilometre radius. Finding the High Court’s decision justified, the bench upheld the order and directed the state to comply within three months.
The court laid down a structured approach for the rollout:
- Phase One: The Kerala government must identify all regions that lack a lower or upper primary school.
- Phase Two: Schools must be set up in every area that does not have:
- a lower primary school within a 1-kilometre radius, or
- an upper primary school within a 3–4 kilometre radius.
- a lower primary school within a 1-kilometre radius, or
Acknowledging financial constraints, CJI Kant said temporary use of private buildings may be allowed to start schools immediately but cannot become a long-term substitute.
“We are conscious that the state government may not have funds for wholesome construction of required schools. In this regard, let some private buildings be identified where schools can be established as a makeshift arrangement. But such arrangements cannot continue indefinitely, and the necessary budgetary allocation needs to be made for the same,” the Chief Justice remarked.
In geographically difficult terrains, the bench directed that schools be established “without delay.”
To avoid delays in commencing classes, the bench permitted the government to engage retired teachers on a contractual basis for six months, extendable up to one year, pending regular recruitment.
The court also directed gram panchayats to provide details of land that can be allocated for schools, preferably free of cost.
The state has been allowed to frame a policy inviting charitable institutions to set up schools in underserved areas, subject to stringent compliance with:
- transparency in admissions
- equality principles
- infrastructure norms
- prohibition of capitation fees
- all RTE obligations
“No private individual shall be allowed to take benefit of the above directions,” CJI Kant clarified.
The bench strongly criticised the practice of spending government resources on upgrading private educational institutions in areas lacking government schools.
The court observed that “public money cannot be wasted on upgradation of a private school.”
With the judgment now binding, Kerala is required to complete initial compliance within three months, marking a major push toward universal access to primary education in the state.
