Restructure elementary school system: Kerala HC

Source: newindianexpress.com

KOCHI: Directing the state government to restructure the elementary school system, a full bench of the Kerala High Court held that the state government cannot “wriggle out” of its obligation on the premise that a child has got the right to get transfer to another school.

“The government can’t shirk its responsibility to establish schools with classes I to V within a neighbourhood of 1 km and classes VI to VIII within a neighbourhood of 3 km. A restructuring of all schools with uniform classes from grade I to VIII imparting elementary education is the scheme envisaged by The Right of Children to Free and Compulsory Education Act, 2009, which can’t be trampled upon by the state,” the bench comprising Justice V Chidambaresh, Justice Alexander Thomas and Justice Ashok Menon observed while directing the state to consider the applications submitted by various managements for upgrading their schools.

Accepting that an immediate restructuring of schools having classes I to IV and classes VI to VIII to a uniform structure may cause a heavy financial burden, the court directed to add class V to lower primary schools and class VIII to upper primary schools as a preliminary step. 

The High Court said the state cannot refuse permission to add class V to schools having classes I to IV and  class VIII to schools having classes V to VII as a preliminary step. Providing transportation facilities by state is for a specific contingency and is not a substitute for establishing schools for elementary education. The statutory duty cast on the state is not discharged by providing transportation facilities. The order issued by the General Education Department in 2017, which stated that providing transportation facility will suffice the educational need, is arbitrary.

The applications put forth by the educational agency to upgrade the existing schools should be dealt with in the light of the observations, the bench ordered. Observing that the term ‘elementary education’ means education from Class I to VIII, the court said there are only two categories of primary schools under the Act. Classes I to V belong to the first category and classes VI to VIII belong to the second. For children from small hamlets where no school exists within the specified neighbourhood, the government or local authority shall make arrangements like free transportation and residential facilities. It is the bounden duty of the government and the local authority to see to it that schools of the category are established within the time frame fixed by the Act.

Govt to file appeal
The state government will file an appeal in the Supreme Court against the High Court directive. General Education Secretary A Shajahan said the directive helps the school managements to recruit additional teachers by collecting capitation. “The school managements have some agenda. The government will legally fight it and move the apex court soon to get the order stayed,” Shajahan said. Meanwhile, Shajahan said the state government would respond on the HC verdict on instructing the state government to remove the moderation system in SSLC and Plus-Two examinations within four months after accessing more details about the judgement.

At a glance
Add class V to lower primary schools and class VIII to upper primary schools as a preliminary step. The government shall endeavour to upgrade the existing government and aided schools in a phased manner wherever required.