State of Kerala & Ors. v. T. Muhammed Faisi - Art.21A -Right To Education - Transportation Facilities

Constitution of India - Article 21A ; Right of Children to Free and Compulsory Education Act, 2009 - Supreme Court upheld the Kerala HC Full Bench judgment [Manager, Aysha L.P. School, Chedikulam v. State of Kerala] which held the Government Order dated 09.06.2017, which asserted that ‘providing transportation facilities will suffice their educational need,’ to be arbitrary-Providing transportation facilities by the State is not a substitute to establish schools for elementary education. The statutory duty cast on the State is not discharged by providing transportation facilities (Para 4-5) - The guarantee of free and compulsory education is not merely a Fundamental Right enshrined in Article 21A of the Constitution, but has also been concretized legislatively through the Right of Children to Free and Compulsory Education Act, 2009 , which operationalizes the constitutional mandate. (Para 3)