The Supreme Court on Tuesday directed the Kerala government to take a “holistic decision” to set up government lower and upper primary schools in all areas where none are functioning.
Keeping in mind that every child should have access to local education as mandated by the Right of Children to Free and Compulsory Education (RTE) Act, a commission comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued a series of guidelines.
The bench upheld the Kerala High Court’s directive asking the state government to set up a school in an area that had no educational facility within a radius of three to four kilometers.
“The state of Kerala must take a holistic decision to establish state primary schools in all areas where none is functioning under the 2009 Act,” he said, adding, “In all such areas with difficult geographical terrain, schools must be established without delay. The bench laid down a two-phase approach.”
In the first phase, the government will have to identify all regions without lower or upper primary schools.
In the second phase, schools must be established in all areas where there is no primary school within a radius of one kilometer or an upper primary school within a radius of 3-4 kilometers.
“We are aware that the state government may not have the funds for sound construction of the required schools. In this regard, let some private buildings be identified where schools can be set up as a makeshift arrangement. However, such measures cannot continue indefinitely and necessary budgetary resources need to be allocated for this,” said CJI Kant.
The bench was hearing the state government’s appeal against the Kerala High Court’s order on a petition seeking the establishment of a school at Elambra in Manjeri village, where there were no primary education institutions within a radius of 3-4 kilometers.
The High Court directed the Manjeri municipality to take urgent steps to construct the necessary buildings for the school.
The Supreme Court found the High Court’s direction justified, upheld the order and directed the state to comply within three months.
To avoid delays in the commissioning of new schools, the commission has allowed the employment of retired teachers on contractual basis for six months with an option to extend up to one year till proper recruitment is done.
The bench also directed the grama panchayat to provide the state with details of land that could be used for setting up schools, preferably free of charge.
It further enabled the government to create a policy inviting charitable institutions to set up schools in underserved areas, subject to strict adherence to transparency in admissions, principles of equity, adequate infrastructure standards, prohibition of capitation fees and compliance with all RTE commitments.
“No private person will be allowed to take advantage of the above instructions,” the CJI said.
The bench disapproved of the practice of spending public funds to improve private institutions when government schools were lacking, saying “public money cannot be wasted on upgrading private schools”.
Published – 25 Nov 2025 21:10 IST
