Karnataka High Court
Sri. Govinda. M vs The Principal Secretary on 3 November, 2025
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NC: 2025:KHC:43894
WP No. 27913 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.27913 OF 2019 (GM-RES)
BETWEEN:
1. SRI. GOVINDA M.
S/O MADHE GOWDA
AGED ABOUT 49 YEARS,
NO.188, 4TH CROSS,
11TH MAIN, HANUMANTHA NAGAR,
BENGALURU - 560 019.
2. SMT. LAKSHMI B.
W/O GOVINDA M
AGED ABOUT 41 YEARS,
RESIDENT OF NO.188,
4TH CROSS, 11TH MAIN,
HANUMANTHA NAGAR,
BENGALURU - 560 019.
...PETITIONERS
Digitally signed by (BY SRI. S. NATARAJA SHARMA, ADVOCATE)
ARUNKUMAR M S
Location: HIGH AND:
COURT OF
KARNATAKA
1. THE PRINCIPAL SECRETARY
SECONDARY EDUCATION
GOVERNMENT OF KARNATAKA
M.S.BUILDING,
DR.AMBEDKAR VEEDHI
BENGALURU - 560 001.
2. THE DIRECTOR
PRE-UNIVERSITY EDUCATION BOARD
18TH CROSS, MALLESHWARAM
BENGALURU - 560 012.
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WP No. 27913 of 2019
HC-KAR
3. THE DEPUTY DIRECTOR
PRE-UNIVERSITY EDUCATION BOARD
B.P.WADIA ROAD,
BANGALORE SOUTH DISTRICT
BENGALURU - 560004.
4. SRI. RAMA RAO
THE PRESIDENT
NATIONAL EDUCATION SOCIETY
BASAVANAGUDI,
BENGALURU - 560004.
5. SRI. NAGARAJA REDDY
THE SECRETARY
NATIONAL EDUCATION SOCIETY
BASAVANAGUDI,
BENGALURU - 560 004.
6. THE PRINCIPAL
NATIONAL PRE-UNIVERSITY COLLEGE
JAYANAGAR,
BENGALURU - 560 070.
7. THE COMMANDING OFFICER/LT COL
NATIONAL CADET CORPS
NO.8, CUNNINGHAM ROAD
BENGALURU - 560 052.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3;
SRI. KIRAN B.S., ADVOCATE FOR R4 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS NO.4 AND 5 TO PAY THE
COMPENSATION OF RS.3 LACS WITH INTEREST FROM THE
DATE OF ITS ANNOUNCEMENT BY R-5 BEFORE THE MEDIA AS
PER ANNEXURE-E AND RS.10 LACS AS ADDITIONAL
COMPENSATION FOR THE MENTAL AGONY AND PHYSICAL
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WP No. 27913 of 2019
HC-KAR
HARASSMENT UNDERGONE BY THE PETITIONER AND THE
MOTHER OF THE DECEASED; AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In this writ petition, petitioners are seeking a writ of mandamus to the respondents to pay compensation of Rs.3,00,000/- with interest from the date of the announcement made by respondent No.5, as per Annexure-E and Rs.10,00,000/- as additional compensation for the mental agony undergone by the petitioners and such other reliefs.
2. The relevant facts for adjudication of this writ petition are that the petitioners' son - G. Vishwas, was studying I PUC during the academic year 2017-18, in the College run by the National Education Society. It is stated that the petitioners' son was actively involved in NCC and therefore he was enrolled in NCC and his enrollment application filed in the College is produced at Annexure-B. It is also stated that NCC camp was -4- NC: 2025:KHC:43894 WP No. 27913 of 2019 HC-KAR headed by the NCC Co-ordinator and as per the direction of the NCC Co-ordinator, the son of the petitioners was taken to Rama Vishwa Vishwa Dhyana Ashrama in Ravangondlu Village, Kanakapura Taluk on 23.09.2017. It is also stated that, on 24.09.2017, the students were cleaning the place around the Ashram under the Swatch Bharat Scheme and at that time, the son of the petitioner - G.Vishwas along with his friends went for swimming and while swimming, the petitioner's son was drowned in the water. Hence, son of the petitioner was delcared as dead and accordingly, FIR was registered in UDR No.0038/2017 (Annexure-D1) of Kanakapura Police Station, Ramanagara District. As such, the petitioners have sought for a writ of mandamus to the respondents to pay compensation as prayed in the writ petition.
3. Having taken note of the submissions made by the learned counsel appearing for the petitioners, it is the case of the petitioners that, the petitioners' son - G.Vishwas who was in the NCC Camp, allegedly drowned while swimming and therefore, it is argued that the respondents are bound to pay compensation to the petitioners. In this regard, learned counsel appearing for the petitioners places reliance on the Judgment of -5- NC: 2025:KHC:43894 WP No. 27913 of 2019 HC-KAR the High Court Judicature at Madras in W.P.No.19260/2002 disposed of on 14.08.2008 and submitted that the respondents are vicariously liable to pay compensation for the death of their son and accordingly, sought for allowing the writ petition.
4. Per contra, learned counsel appearing for the respondent Nos.4 to 6 submitted that disputed questions of fact have to resolved in this writ petition with regard to negligence of the son of the petitioners in the unfortunate incident and therefore, the writ petition is not maintainable and the petitioners are having remedy elsewhere.
5. Learned Additional Government Advocate appearing for the respondent Nos.1, 2 and 3 also argued on similar lines.
6. Having taken note of the submissions made by the learned counsel appearing for the petitioners, it is not in dispute that, with regard to death of the son of the petitioners, on 24.09.2017, as per Annexure-D1, the criminal case was lodged in UDR No.0038/2017. It is submitted at the Bar that the said proceedings is pending consideration before the competent Criminal Court to assess whether the negligence is on the part of the son of the petitioners or on the respondents -6- NC: 2025:KHC:43894 WP No. 27913 of 2019 HC-KAR in the alleged incident. In that view of the matter, as disputed questions of fact are involved in this writ petition with regard to negligence on the part of either of the parties, I am of the view that, the petitioners have to approach the competent authority/Court only after the conclusion of the proceedings before the Criminal Court in UDR No.38/2017, for redressal of their grievances. In that view of the matter, at this stage, writ of mandamus cannot be issued to the respondents to pay the compensation since the said aspect of the matter is yet to be adjudicated by the Criminal Court.
7. With the above observation, the writ petition is disposed of.
SD/-
(E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 3