SC Directs Kerala To Set Up Primary Schools In All Unserved Areas; Gives 3-Month Deadline For First Phase

In a significant order aimed at strengthening access to elementary education, the Supreme Court on Tuesday directed the Kerala government to establish government lower and upper primary schools in all areas currently lacking such institutions, in line with the mandate of the Right of Children to Free and Compulsory Education Act, 2009.

A Bench led by Chief Justice of India Surya Kant emphasised that the State must take a “holistic decision” to ensure that every child has access to a neighbourhood school as envisioned under the RTE Act. The Court set a three-month deadline for the government to frame a comprehensive policy and commence implementation.

Schools Must Be Set Up Even in Difficult Terrain

CJI Surya Kant noted that certain regions of Kerala, particularly those with challenging geographical conditions, continue to remain without any functioning primary schools. He directed the State to ensure that schools are established in these areas without further delay.

Under the phased plan outlined by the Court:

Phase 1: Schools must be established in all locations where no lower or upper primary schools exist at all.

Phase 2: Schools must be set up where no lower primary school exists within a 1 km radius and no upper primary school exists within 3 km.

Temporary Buildings Allowed; Permanent Facilities Must Follow

The Bench acknowledged budgetary constraints faced by the State government, noting that immediate construction of school infrastructure may not always be feasible. To prevent disruption of children’s education, the Court permitted the use of private buildings as makeshift school spaces, but stressed that such arrangements cannot be continued indefinitely.

The Court directed the State to make necessary budgetary allocations to ensure that permanent school buildings are eventually constructed.

Retired Teachers Can Be Engaged Temporarily

To avoid delays in running the newly established schools, the Supreme Court allowed Kerala to appoint retired teachers on a temporary basis until regular teachers are recruited through established procedures.

Local Bodies and Charitable Institutions to Assist

The Court instructed gram panchayats to provide the State government with a list of available land and sites suitable for establishing schools.

Further, the State is free to invite charitable institutions to develop schools in underserved areas, provided they strictly adhere to:

Transparency in admissions
Equality principles
Adequate infrastructure norms
Compliance with the RTE Act
No capitation fees

High Court Order Upheld

In the case at hand, the Supreme Court noted that the region concerned had no school within a 3–4 km radius, and therefore upheld the Kerala High Court’s direction to establish a school in that locality. The State was given three monthsto comply.

No Private Beneficiary Allowed

Making its position clear, the Court reiterated that no private individual shall be allowed to derive personal benefitfrom the directions or policy to be framed for establishment of schools.