IMPORTANT POINTS
The people of Elambra area in Manjeri Municipality have been demanding establishment of a Government Lower Primary School, and whereas without considering the reports of local educational authorities, by erroneously applying the rules applicable to grant of recognition to private schools, in Chapter V of the Kerala Education Rules, 1959, and not following the statutory provisions and rules, in particular, Section 3(3) of Kerala Education Act, 1958, Section 3 of the Right of Children to Free and Compulsory Education Act, and Rule 6 of the Kerala Right of Children to Free and Compulsory Education Rules, 2011, have denied sanction for establishing a Government LP School in Elambra area.

JUDGMENT :

S. Manikumar, J.

Petitioner, a resident of Elambra village in Manjeri Municipality, has filed this public interest writ petition seeking for issuance of a writ of mandamus, commanding respondents 1 & 2 -State of Kerala, represented by the Secretary, Thiruvananthapuram; and the Director of Public Instructions, Thiruvananthapuram, to take all necessary steps to establish a Government Lower Primary School at Elambra in Manjeri Municipality, expeditiously, within a specified time limit, as prescribed by this Court.

2. Facts leading to the filing of instant writ petition are that-Elambra is located on the outskirts of Manjeri Municipality and is a socially and educationally backward area. Majority of the population, including members of Scheduled Castes/Scheduled Tribes, consist of middle class families, with agriculture and coolie work as their avocation.

3. According to the petitioner, there are no primary schools within the radius of 3 kilometres and during the last more than 30 years, the local residents are in continuous effort to get a new Government LP School at Elambra. Several representations were submitted before the authorities concerned, including the Hon'ble Minister of Education. However, no action has been taken.

4. When absence of suitable land for opening the school was projected as a reason for not acceding to the request, the residents have purchased one acre of land, in the year 1985, for starting the school, and got it registered in the year 1993, as evident from Exhibit-P5 series. Manjeri Municipality has offered to construct buildings and to provide rent-free accommodation to the school, till the completion of the building works, as evident from Exhibits-P7 and P8.

5. Petitioner has further stated that respondent Nos.4 & 5 -the District Education Officer, Malappuram; and the Assistant Educational Officer, Manjeri respectively, have conducted various surveys and submitted reports recommending a new Government School at Elambra, as evident from Exhibits-P9, P10 & P11.

6. The Assistant Educational Officer, Manjeri, in Exhibit-P9 report dated 5.2.2014, has stated that Elambra is an educationally backward area, with lack of transport facilities, and there is no Lower Primary School, within the radius of 3 kilometres.

7. In the inspection conducted on 27.03.2015 (Exhibit-P10) by the 4th respondent as per the direction of the District Collector, Malappuram (respondent No.6), it was reported that the local people have purchased suitable land for establishing a school, and Municipality has agreed to construct the required buildings.

8. Petitioner has further stated that the Deputy Director of Education, respondent No.3, has also recommended for opening a new Government LP School at Elambra, as per his letter dated 15.05.2015 (Exhibit-P11) addressed to the Director of Public Instructions, Thiruvananthapuram, respondent No.2, on the ground that Elambra is an educationally backward area and there is no Government LP School therein.

9. In view of the stand adopted by the respondents, petitioner has approached the Kerala State Human Rights Commission, for redressal of his grievance. The Commission has initiated proceedings vide HRMP No.6502/2015/MPM on the complaint of the petitioner and conducted an enquiry. After ascertaining the stand of the Director of Public Instructions, Thiruvananthapuram, (respondent No.2) and all the relevant materials, the Commission, by its order dated 06.02.2016 (Exhibit-P13), directed the Director of Public Instructions, to take urgent steps for opening a school at Elambra. The Commission has also directed to give preference to the request, since they are waiting for the school, after purchasing the land in the year 1985, and prepared to provide necessary infrastructure.

10. Similarly, petitioner has approached the Kerala State Commission for Protection of Child Rights, seeking to redres