Ker HC | “People of Elambra have been fighting against the might of State Govt. for 35 years to establish a lower primary school”; Kerala Govt. strictly directed to establish a Government LP School at Elambra village with all promptness

Kerala High Court: While allowing the instant petition seeking for issuance of a writ of mandamus directing the State Government to take all necessary steps to establish a Government Lower Primary School at Elambra village in Manjeri Municipality, expeditiously; the Division Bench of S. Manikumar, CJ, and Shaji P. Chaly, J., directed the State Government to sanction the establishment of Government LP School, at Elambra within a period of three months. The Bench strictly observed that the people of Elambra have been fighting a long battle of 35 years with the might of the State Government in order to establish a lower primary school- a demand that is completely in consonance with the law and the Constitution and there is a conspicuous failure on the part of the State Government in acknowledging this demand.

The petitioner, a resident of Elambra, filed the instant PIL. As per the facts, the village is located on the outskirts of Manjeri Municipality and is a socially and educationally backward area. There are no primary schools within the radius of 3 km and during the last 30 years, the local residents have been making continuous effort to get a new Government LP School at Elambra. Several representations were submitted before the concerned authorities concerned, including the Minister of Education, all of which yielded no result. The petitioner further submitted that the concerned authorities have conducted several inspections and had submitted their reports, which were ignored by the Government. P. Venugopal representing the petitioners argued that the Government failed to discharge the duties cast upon them under Section 19 of the Kerala Right of Children to Free and Compulsory Education Rules, 2011 r/w Section 3(3) of the Kerala Education Act, 1958. The petitioner also presented Reports prepared by Manjeri Dy. District Education Officer and Malappuram District Educational Officer; Order issued by Kerala State Human Rights Commission and Kerala State Child Rights Protection Commission (hereinafter Commissions); all of which were clear on the point that Elambra is a remote area with the closest primary schools situated 5 km away and the Government is constitutionally and statutorily obligated to take concrete steps for providing basic educational infrastructure. The respondents were represented by Surin George Ipe.

The Court perused the facts; contentions; the Reports and relevant Supreme Court cases highlighting the Right to Education as a fundamental right. The Bench taking into account international conventions such as the Universal Declaration of Human Rights and Convention on the Rights of the Child observed that, Right to Education is not only a fundamental right but it is also a Human Right. The Court delved in-depth on the evolution of a child’s right to education and the obligations of the State in relation to it. Taking into consideration statutes such as the Right of Children to Free and Compulsory Education Act, 2009, Commissions for Protection of Child Rights Act, 2005, Right of Children to Free and Compulsory Education Rules, 2010 and the concerned State legislations, the Court noted that that the people of Elambra have been demanding establishment of a Government Lower Primary School, whereas the State Government, without considering the reports of local educational authorities, by erroneously applying the Rules and not following the relevant statutory provisions particularly Section 3(3) of Kerala Education Act, 1958, Section 3 of the Right of Children to Free and Compulsory Education Act, 2009 and Rule 6 of the Kerala Right of Children to Free and Compulsory Education Rules, 2011, have denied sanction for establishment of a Government LP School in Elambra. The Court concurred with the reports presented by the local educational authorities which have clearly recorded that the area in question is educationally backward with no proper transport facility. There are Upper Primary and High schools in and around the locality within a distance of 2-5 kms. There is no Government LP school within the radius of 3 kms and people are depending upon schools, which are not within the neighbourhood of Elambra. The Court also noted that since the respondents did not challenge the Orders issued by the Commissions, therefore they cannot argue that such Orders are not binding on them. [T. Muhammed Faisi v. State of Kerala, 2020 SCC OnLine Ker 2981, decided on 29-07-2020]

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