Kerala High Court Sets Aside Order Transferring School Playground, Cites Lack Of Proper Consideration

The Kerala High Court has set aside a Government order that proposed transferring a substantial portion of land from a Government UP School in Ramavarmapuram for the construction of a Music College citing lack of proper consideration.Justice Bechu Kurian Thomas examined whether the State's decision to transfer a government school playground for constructing a music college was legally sustainable.The petitioners who are the parents/ old students of the school alleged that the playground of the Ramavarmapuram UP school was decided to be transferred to the Department of Collegiate Education for starting the SRV College of Music and Performing Arts by the Government. The petitioners relied on the National Education Policy, 2020 and pleaded that the need to integrate sports in education fosters holistic development by promoting physical and psychological well being of the students. The petitioners also contended that the alienation of the school property is contrary to section 5B of the Kerala Education Act, 1958 and hence transfer order was void. Section 5B prohibits transfer of possession of government school land for any purpose other than educational purposes.The Court noted that the establishment of a College of Music and Performing Arts falls within the ambit of education and hence the transfer was not violative of Section 5B of the Kerala Education Act. “As study of Music is, no doubt, an educational purpose, it necessarily has to be concluded that the proposed transfer of possession of the property to an extent of 2.30.64 acres from the Government UP School Ramavarmapuram for the construction of the College for Music is an educational purpose. Hence Ext.P1 order is not violative of section 5B of the Act.” Court noted. Even though the Court held that the transfer was not not violative of the Section of the Kerala Education Act, it went on to examine whether the transfer of the land would deprive the School of its playground. “The importance of a school playground needs no reiteration. Apart from strengthening the muscles during the growing stage of a student, it helps in the child's development by paving the way for his social, emotional and overall well-being.” the Court said While acknowledging that establishing a College of Music qualifies as an educational purpose, the Court emphasized that school playgrounds are not optional amenities but integral to a child's development. Referring to earlier precedents and educational norms, the Court reiterated that a playground is a mandatory requirement for schools under the Kerala Education Rules. “The need for playgrounds and sports and games activities in a school cannot be undermined. Chapter IV rule 3 of the Kerala Education Rules,1959 (for short 'KER') requires that there must be a playground for every school for games and sports, which shall contain sufficient clear space for that purpose and the compound should be kept fairly levelled, clear of ranked vegetation. There has to be co-ordinated efforts amongst the Government bodies, including educational institutions and sports organisations to achieve the avowed object of the national sports policy which require activities to be formulated to enhance impact response in schools.” Court noted.The Court found that the Government, while issuing the transfer order, failed to consider critical factors, including whether the remaining land would be sufficient and suitable for a playground, the shape and usability of the leftover land, and whether the proposed college could instead be constructed on another portion of the land without disturbing the existing playground. The Court further noted that no report which concludes that a playground can be established on the remaining land was produced before the Court. Even though the Government argued that over four acres would remain, the Court stressed that mere extent is not enough, the land must be practically usable for sports.“The mere existence of some space scattered around, would not suffice the requirement of a playground.” Court addedThe Court took note of the allegation of the petitioners that the remaining extent of land available with the School is in an 'L' shape, which would not permit the construction of a school playground and held that the order transferring the land cannot be justified under the law. “It was essential for the authority that issued Ext.P1, to have considered whether the Music College could have been constructed in the remaining extent of land available with the Government UP School, Ramavarmapuram, without depriving it of a school playground.” Court added. The Court thus directed the Government reconsider the proposal afresh, conduct a proper evaluation of the availability and suitability of playground space, and provide an opportunity of hearing to the petitioners and the school authorities before making a new decision.Case Title: Fazeela R.A and Anr. v State of Kerala and Ors. Case No: WP(C) 27175/ 2025Citation: 2026 Livelaw (Ker)...

Kerala High Court Sets Aside Order Transferring School Playground, Cites Lack Of Proper Consideration

Anamika MJ

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