The Supreme Court has ordered the Kerala government to establish government primary schools in all areas lacking educational facilities within three months. The Court stressed that children’s right to education under the RTE Act cannot be denied due to distance or lack of resources.
New Delhi: The Supreme Court of India has directed the Kerala government to urgently take steps to establish government lower primary and upper primary schools in all areas where children currently have no access to basic education facilities.
The Court made it clear that the fundamental right to education under the Right of Children to Free and Compulsory Education Act, 2009 cannot be denied to any child just because the area is remote or the State lacks financial resources.
A Bench headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi upheld the earlier direction of the Kerala High Court, which had ordered the State to establish a school in a locality where no educational facility existed within a radius of 3 to 4 kilometres.
While supporting the High Court’s decision, the Supreme Court described the order as “justified and valid” and granted Kerala three months to fully comply with the directions.
The matter arose when the Kerala government challenged the High Court’s order requiring it to set up a lower primary school in a remote village in Malappuram district. The State argued practical and financial difficulties, but the Supreme Court refused to interfere with the High Court ruling.
Instead, it expanded the scope of the issue and issued a larger direction, asking the State to ensure that all underserved regions are provided with proper schooling facilities.
To ensure systematic implementation, the Supreme Court laid down a clear two-step plan. In the first phase, the State has been asked to identify all regions where there are no lower primary or upper primary schools.
In the second phase, the government must establish new schools in areas where there is no lower primary school within a distance of one kilometre and no upper primary school within three kilometres.
While recognising that Kerala may face resource and infrastructure limitations, the Court allowed the use of private buildings as temporary arrangements for running schools. However, it cautioned that such temporary measures should not become permanent solutions.
The State has also been directed to make proper budgetary provisions for constructing permanent school buildings and infrastructure to ensure long-term compliance with the law.
The Supreme Court further issued several practical guidelines to support the execution of its order. Gram Panchayats have been instructed to provide details of available land for setting up new schools.
Retired teachers may be appointed on a temporary basis to prevent disruption in teaching and to ensure that students do not suffer due to staff shortages.
The Court also allowed charitable institutions to participate in setting up schools in unserved areas, but made it clear that these institutions must follow transparency norms, ensure equality in admissions, maintain proper infrastructure standards, and strictly comply with the RTE Act.
It was specifically stated that private individuals cannot use this initiative for profit-making purposes.
Emphasising the realities of difficult terrain and rural hardship, the Court observed that schools must be established within the same locality so that children are not forced to travel long distances, which often leads to dropouts.
The judges stressed that physical accessibility is a key part of the right to education and cannot be compromised.
The background of the case dates back to July 2020, when the Kerala High Court passed its initial order following a Public Interest Litigation filed by a local resident.
The PIL sought the establishment of a Government Lower Primary School in Elambra, located in Manjeri Municipality.
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It was pointed out that residents of the area had already purchased one acre of land specifically for the school, and the Municipality had even offered to provide a building for the purpose, highlighting the genuine need and public support for the institution.
Through this ruling, the Supreme Court has sent a strong message that education is a constitutional right and not a privilege. By directing Kerala to ensure school access in every neglected area, the apex court has reinforced the principle that no child should be left behind simply because of geography, poverty, or administrative delay.
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