Govt Should Close Schools Without Playgrounds, Sports & Games Part Of Curriculum : Kerala High Court

The Kerala High Court has directed the state government to formulate guidelines prescribing the extent of playground necessary in each category of schools and adjacent facilities as required.

“Right to education is a fundamental right of the children. The education includes play and other extra curricular activities. If there is no suitable playgrounds for games and sports in schools containing sufficient clear space for that purpose as provided in the Kerala Education Rules (KER), the government should take stringent action including closure of those schools” observed Justice PV Kunhikrishnan.

The court added that once the guidelines are issued, the educational authorities shall ensure compliance with these guidelines and also directed closure of schools that fail to comply despite being given sufficient time.

The writ petition was filed by the President of the Parent Teachers Association and the Managing Committee Member of the Government Welfare Lower Primary School, Thevayoor South, Pathanamthitta challenging the decision of the district panchayat to construct a rainwater harvesting tank on the school grounds.

While the court did note that the matter has become infructuous as the proposal to construct the water tank had been dropped, it highlighted the important role that playgrounds play in a school. It pointed out Chapter IV Rule 3 of Kerala Education Rules which states that “every school shall have suitable playgrounds for games and sports. The site should contain sufficient clear space for the purpose”. The court noted that authorities are taking advantage of the gap in specific guidelines issued under the Kerala Education Rules to not maintain suitable playgrounds for games and sports with sufficient clear space.

The court directed that these guidelines are to be framed within four months from the date of receipt of the judgement.

“School playgrounds are an essential part of a child's learning environment providing a safe and fun place to play. The playgrounds can help children to develop their physical, social, emotional and imaginative skills. The education should not be restricted in classrooms and the extra curricular activities including sports and games should also be a part of the education curriculum” concluded the court.

Case Citation: Citation: 2024 LiveLaw (Ker) 242

Case Title: Prakash N v. GWLP School, Thevayoor South and ors.

Case Number: WP(C) No. 19170 of 2014

Click here to read/download the order