MULUKUTLA POCHAIAH Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Two children of the petitioners were enrolled as students of Kasturiba Residential School for Girls (Kasturiba Gandhi Balikala Gurukula Vidyalayam), Dahegaon, Adilabad District for the academic year 2006-2007. On the intervening night of 21/22.08.2006 they died as they were victims of snake bite. The report of the postmortem discloses that the death occurred due to the snake bite. The Special Officer of the School filed a complaint in the Dahegaon Police Station complaining about death of two children due to snake bite and the same was registered as Crime No. 53 of 2006. In the final report, police have shown the cause of death as snake bite. This Writ Petition is filed by the petitioners claiming compensation for the death of their children caused on account of negligence of the respondents.

(2.) Heard Sri S.Chandra Sekhar, learned counsel appearing for petitioners, Sri G.Bhaskar, learned Standing Counsel for Rajiv Vidya Mission (SSA), for second respondent, Sri Bhupal Reddy, learned Standing Counsel for 5th respondent and learned Government Pleader for Home (TG) for 6th respondent.

(3.) Counsel appearing for petitioners submits that the 5th respondent-School was located in the dilapidated house that was earlier used as godown by a contractor. Before it was converted into school, no repairs were undertaken. It did not have basic facilities to run the school. There were no windows, no doors and no electricity. Students were made to sleep on the floor. On the intervening night, when students complained of something biting them, the Aya did not bother to respond. When they informed the ward in charge, she goaded them and threatened the children with dire consequences if they do not allow them to sleep. It appears that the students have also complained to the Special Officer and he also did not bother to take immediate steps to shift the students to the hospital. Later, having realized that there was a snake bite, the Special Officer created a story of snake bite to him also and he got himself admitted to hospital and thereafter, he filed the complaint reporting snake bite on the students. It is therefore, submitted that the incident occurred due to poor facilities provided in the school building and on account of carelessness of staff in providing immediate medical attention. It is a clear case of not providing proper amenities and not protecting the interest of the students in the school. On account of the negligence of the respondents, petitioners lost their children at a young age and they were made to suffer mental agony and humiliation.