Kerala High Court States Schools Without Proper Playgrounds Should Be Shut Down

Jahanvi Agarwal

On April 11, Kerala High Court has emphasized the significance of school playgrounds in a recent ruling, urging the State government to crack down on schools lacking adequate play areas as per Kerala Education Rules (KER). In the present case, Justice PV Kunhikrishnan highlighted the crucial role of play in a child’s holistic development.

Justice Kunhikrishnan remarked, “Education should not be confined to classrooms alone. Extracurricular activities like sports and games are integral to the education curriculum. They enhance physical skills such as flexibility, balance, motor skills, hand-eye coordination, heart and lung function, as per new scientific studies. Engagement in games and activities also improves social, cognitive, and emotional skills, reducing stress and anxiety in classrooms.”

The Bench noted that KER lacks specifics on playground facilities for state schools, leading school authorities and management of aided schools to exploit this gap. Consequently, the Court directed the State to establish norms in line with Chapter IV, Rules 1 and 3(2) of KER, outlining the necessary playground area and facilities for each school category within four months.

Importantly, once these norms are issued, the authorities must ensure compliance from all schools. The Court warned of stringent action, including school closure, against institutions failing to meet the prescribed norms.

In its judgment, the High Court underscored, “The right to education is fundamental for children, encompassing play and extracurricular activities. Schools without suitable playgrounds must face strict consequences, including closure, if they fail to provide sufficient clear space for games and sports as per KER.”

The Court rendered this judgment in response to a petition challenging local authorities attempt to construct a water tank on a school’s grounds without proper permissions. While the proposed construction was later withdrawn, Kerala High Court raised concerns about the absence of specific playground guidelines in KER compared to other educational boards like CBSE and CICSE.

Highlighting the disparity, the  Justice Kunhikrishnan emphasized that even the Right of Children to Free and Compulsory Education Act, 2009, lacks clear specifications on playground area, only mandating the presence of a playground at schools.

The order was also forwarded to the Secretary of General Education. As far as the case is concerned, the panchayat later withdrew from constructing the water tank on the playground.

Consequently, the Court directed the State to formulate comprehensive guidelines specifying the required playground area and facilities for schools to ensure holistic education and development of children.

Case Name: Prakash N & Anr. v. GWLP (Government Welfare Lower Primary) School.

Dairy Number: 19170/2014

Bench: Justice PV Kunhikrishnan

Click here to access the order.