Supreme Court Orders Kerala to Establish Schools in Underserved Areas Within Three Months

New Delhi: The Supreme Court has issued a significant ruling requiring the Kerala government to establish primary and lower schools in areas currently lacking educational facilities, including regions with challenging geographical terrain. During a hearing concerning the necessity for a school in Manjeri, Malappuram district, Chief Justice of India Surya Kant directed Kerala to formulate a policy decision within three months.

The Court mandated that in the second implementation phase, schools must be established where no lower primary schools exist within a 1 km radius and no upper primary schools within a 3 km radius.

Acknowledging potential financial constraints, the Supreme Court stated, "We recognize that the state government may not possess funds for complete construction of required schools... temporary arrangements can be made in identified private buildings. Such provisional solutions cannot continue indefinitely, and necessary budgetary allocations must be made."

The Court instructed gram panchayats to provide available site lists to the government and suggested appointing retired educators until permanent teachers can be recruited.

Additionally, the state was granted permission to invite charitable institutions to establish schools in underserved areas, provided they maintain transparency in admissions, charge no capitation fees, adhere to equality principles, ensure adequate infrastructure, and comply with the Right to Education Act.

This Supreme Court order follows a July 29, 2020 Kerala High Court directive instructing the state and the Director of Public Instructions to open a Lower Primary School in Elambra area of Manjeri municipality after a local resident filed a petition.

Elambra residents previously depended on primary schools located three to four kilometers away. The community is predominantly Muslim, with children coming from approximately 350 families of agricultural laborers and porters.

The Kerala government had appealed the high court order to the Supreme Court, maintaining its long-standing position that it cannot address "individual requests" since school construction is only approved when an "educational need" is identified through government school mapping exercises.

This stance persisted despite recommendations from various officials, the State Human Rights Commission, and the State Commission for Protection of Child Rights. Notably, even though the area had elected an MLA who later became education minister in India's most literate state in 2006, Elambra residents waited over 35 years before the High Court judgment finally granted them a primary school.