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Supreme Court of India 2017-09-08 allowed

Manager Palathingal M.L.P. School, Parappanangadi vs Sethumadhavan P.K. and Ors

Bench: 2 — Deepak Gupta

In Brief

A school manager challenged the government's order upgrading a junior primary school to upper primary level, arguing procedural rules under the Kerala Education Rules were not followed. The Supreme Court held that the government had authority to relax these procedural requirements under Rule 3 of Chapter I, and was justified in doing so. The Court emphasized that the right to education up to age 14 is fundamental under Article 21A, and children should not need to walk 3+ kilometres to school. Since no other school existed within 3 kilometres of the appellant school, the upgradation was valid. The Court set aside the lower courts' judgments and allowed the appeal."

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Education Law Constitutional Law Administrative Law Right to Education Writ Petition School Upgradation

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