JAMBESWAR NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been filed by the fathers of two innocent young children who died in tragic circumstances in an Anganwadi Centre (AWC) operating in the premises of a Government School in Angul District on 7/9/2012. The prayers in the present petition are as follows:

(2.) The background facts are that Monalisa Naik, the daughter of Jambeswar Naik (Petitioner No.1) and Priyanka Das, the daughter of Pitabas Das (Petitioner No.2), both the children aged 4 years, went to the AWC operating in the premises of the Tentulihata Project Upper Primary School (hereafter 'the School ') under the Banarpal Block in Angul District on 7/9/2012. When the children failed to return after the AWC closed, the Petitioners tried to search for them. They learnt that the bodies of the two children were found by the students of the School in the waterlogged pits excavated in the premises of the School. The bodies were then recovered and sent to the local nursing home where they were declared brought dead by the doctor. The photographs of the deceased children and the water filled pits have been enclosed with the petition.

(3.) It is pointed out by the Petitioners that the pits that were excavated within the school premises were left un-barricaded by the school authorities. These pits had been excavated for laying the foundation for new classrooms. On account of the failure to put in place any protective measure, the tragic incident occurred. It is submitted that two precious young lives were lost on account of the grave negligence of the Scholl authorities in keeping the pits filled with water unguarded. Invoking Article 21 of the Constitution for violation of the right to life of the two little children, their respective parents have filed the present petition seeking the aforementioned reliefs. It is pointed out that apart from a sum of Rs.20,000.00 paid to each of the families by the local District Administration, no other relief has been granted. It is pointed out that both the Petitioners belong to the Scheduled Castes and are among the economically weaker Sec. .