IMPORTANT POINT
The main legal point established in the judgment is the significance of playgrounds in schools and the necessity for the State Government to issue norms/guidelines for the extent of playground necessary in each category of schools and the facilities required.

A playground in a school is a part and parcel of the school. Without a playground, there cannot be a school. The education of the children is not in the classroom alone; it should spread to the playground as well. Playgrounds are the ultimate classroom where children learn through play. The playground is where the children can themselves shine mentally and physically.

2. The above writ petition is filed by the President of the Parent Teachers Association and the Managing Committee Member of the Government Welfare Lower Primary School, Thevayoor South, Pathanamthitta, with following prayers :

i. Issue a Writ of mandamus or any other Writ, Order or Direction, restraining the respondents 2 and 3 from constructing water tank or such other constructions without the permission of the educational authorities with in the compound of the 1st respondent school;

ii. cost of the proceedings; and

iii. Issue such other writs, orders or directions as this Hon’ble Court may be pleased to deem fit and proper to grant.

(SIC)

3. The petitioners were forced to file this writ petition when there was an attempt from respondents 2 and 3 to construct a water tank in the school ground without obtaining permission from the school authorities or higher authorities. The petitioners produced Ext.P13 photographs to show that the construction activities have already started in the playground of the school. At that stage this writ petition was filed. Now it is conceded by both sides that the proposal to construct the water tank is dropped and there is no grievance to the petitioners. Therefore, the prayers in this writ petition are in effect infructuous.

4. But, before closing this writ petition, it is to be reminded to the authorities about the importance of playground in a school. Chapter IV Rule 1 of the Kerala Education Rules (for short, KER) deals with the establishment and maintenance of schools. Chapter IV Rule 1 KER says about the minimum site area necessary for Lower Primary Schools, Upper Primary Schools with or without Lower Primary Section, Secondary Schools (High Schools) with or without Primary Section, Higher Secondary Schools with or without Primary Section and Training Schools with or without Model Schools. Chapter IV Rule 3 KER deals with playground and garden. It will be better to extract Chapter IV Rule 3 KER :

“Playground and Garden –

(1) The sites should be provided with compound walls or good fencing.

(2) Every school shall have suitable playgrounds for games and sports. The site should contain sufficient clear space for the purpose.

(3) The compound should be kept fairly levelled and clear of rank vegetation.

(4) The Manager and Head of every school should put forth their best efforts for laying out gardens in the premises. Efforts also should be made for planting suitable trees in the school compound so that pupils may play and rest under them during leisure hours. Care should be taken to see that trees are so planted as not to (a) reduce unduly the space available for play, and (b) obstruct the entry of the light into the class rooms or in course of time cause damage to the structure.”

5. Chapter IV Rule 3(2) says that every school shall have suitable playgrounds for games and sports. The site should contain sufficient clear space for the purpose. But the extent of the playground necessary in different types of schools mentioned in Chapter IV Rule 1 KER is not separately given in Chapter IV Rule 3(2) KER. It seems that taking advantage of this, some of the schools are not maintaining suitable playgrounds for games and sports with sufficient clear space. The Right of Children to Free and Compulsory Education Act (for short, the Right to Education Act) also does not specify the area needed for playground. Serial No.2 of Schedule to the Right to Education Act, expressly states about specification of building required for establishing a school. There also, the area needed for a playground is not specifically mentioned. It only mentions that ther