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“Vidya Dhanam Sarva Dhanath Pradhanam” (Knowledge is supreme of all wealth). A writ petition was filed by educational agencies aggrieving that the applications to re-structure the schools by introducing classes in tune with the Right to Education Act are not favourably considered even after nine years. The State has defended that transportation facilities have been provided so a child can seek transfer to another school for completing elementary education and also additional financial burden on the State to pay for the teachers if additional classes are introduced. The bench comprising of Justice V. Chitambaresh, Justice Alexander Thomas and Justice Ashok Menon observed that the State Government cannot shirk its duty to establish schools having classes 1 to 5 every one kilometre schools having classes 6 to 8 every three kilometres as specified in Rule 6(1) of the Rules. Also, a child has got a right of transfer to other school under Section 5 of the Act and the State Government cannot wriggle out from its obligation. Mere provision for easy transport from one school to the other or for the issue of a transfer certificate from the existing school is not one contemplated by the Act. A re-structuring of all the schools with uniform classes from 1 to 8 imparting elementary education is the scheme envisaged by the Act which cannot be trampled upon by any State. The State cannot at any rate refuse permission to add class 5 to schools having classes 1 to 4 and add class 8 to schools having classes 5 to 7 as a preliminary step under the Act. Rule 6(4) of the Kerala Right of Children to Free and Compulsory Education Rules, 2011 which applies only for children from small hamlets identified by Government or the local authority where no school exists within the neighbourhood as in the tribal area, so that no child even from a small hamlet shall suffer for want of transportation to school and ensures that their elementary education is completed without any hassles. Also, the State cannot take refuge under Rule 6(4) of the Rules from establishing schools for elementary education mandated by Section 19 of the Act and Rule 6(1) of the Rules. Overruling the decisions in Kum. Sreya Vinod v. Director of Public Instruction and others and T.K.M.M.L.P. & U.P.School v. State of Kerala and others, the bench held that the order of the General Education (F) Department which states that 'providing transportation facility will suffice their educational need' is arbitrary and directed the department to consider applications of the educational agency to upgrade the existing schools in light of the above pronouncement. Held, “mere provision of transportation facilities is not a substitute to establish schools for elementary education.”
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