The court upheld administrative decisions on school relocations, clarifying the ambiguity of 'neighborhood' under the Right to Education Act, asserting no violation occurred.

JUDGMENT

W.P.(C) No.18868/2025 is filed by students of Junior Basic School (South), Agatti seeking to quash Ext.P2 whereby it has been ordered that the classes presently functioning in PM SHRI JB School (South) will be shifted to the Government JB School (North) Building and that the Principal should complete the shifting process by 31.05.2025 and submit action taken report by 05.06.2025.

2. The petitioners in W.P.(C) No.20161/2025 are students undergoing elementary education at Government Junior Basic School (GJBS), Andrott. They are aggrieved by Ext.P1 order dated 11.05.2025 issued by the Director of Education proposing shifting the classes functioning in Government Junior Basic School (GJBS), Machery to Government SB School, Edachery. The petitioners would urge that the impugned orders are issued in violation of Rule 6(1)(a) of the Right of Children to Free and Compulsory Education Rules, 2010.

3. The petitioners in W.P.(C) No.18868/2025 submit that until four years ago, there were three Junior Basic Schools in Agatti Island. The JBS South and JBS North were situated at the southern and northern extremity of the Island and the JBS Central is located midway between the two. About four years ago, the JBS (Centre) was shut down and merged with nearby Senior Basic School. The JBS South was upgraded as PM SHRI School last year.

4. The 4^th respondent-Director of Education issued Ext.P2 order dated 11.05.2025 ordering that the classes presently functioning in PM SHRI JB School South will be shifted to the Government JB School North building. The petitioners state that if Ext.P2 is implemented, students like the petitioners will have to truck more than 3 Km. to reach JBS North.

5. The petitioner states that Article 21A was inserted in Part III of the Constitution in the year 2002 mandating that the State shall provide free and compulsory education to all children of the age of 6 to 14 years. Though Section 3 of the RTE Act, 2009 employs the phrase “Neighbourhood School”, the Act does not define the word “Neighbourhood School”. Section 6 of the Act casts a duty on the appropriate Government to establish School in a neighbourhood area.

6. While the Constitution and Statute mandate so, Ext.P3 envisages closure of an existing School situated in a particular neighbourhood area. The reasons assigned in Ext.P2 for the proposed merger of the two Schools are unsustainable in the light of the express provisions of the RTE Act and the Rules, contend the petitioners. Ext.P2 is therefore liable to be quashed.

7. The petitioners in W.P.(C) No.20161/2025 submit that the proposed shifting of classes functioning in GJBS, Machery to Government SB School, Edachery is illegal. The latter School is far away from the petitioners' residence. The proposal affects the elementary education facility in the area. There is no School in the neighbourhood at present for elementary education. Ext.P1 proceedings of the Director of Education is illegal and violative of Articles 14, 21 and 21A of the Constitution of India.

8. The 4^th respondent in W.P.(C) No.18868/2025 filed counter affidavit and resisted the writ petition. By Ext.P2 order, the Lakshadweep Administration has decided to shift the classes presently functioning in PM SHRI Government JB School South to Government JB School North and to rename it as PM SHRI Government JB School, Agatti. The old building in Government JB School South is in a deplorable condition. It is a surveyed building for demolition. Ext.R4(a) survey report for demolition is accepted by the Administrator. Majority of classrooms are in the o