Delhi High Court

Court On Its Motion vs Directorate Of Education Gnct Of ... on 4 May, 2011

Author: Dipak Misra,Chief Justice

07
*IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 1776/2011

COURT ON ITS MOTION                            ..... Petitioner
                  Through             Mr. Ashok Aggarwal, Adv.
                                      Mr. Nadeem Akhtar, Adv. for Poor
                                      Peoples Foundation.

                     versus

DIRECTORATE OF EDUCATION GNCT OF DELHI..... Respondent
                  Through  Mr. Najmi Waziri, Standing
                           Counsel with Ms. Zeenat Masoodhi
                           and Ms. Neeha Kapoor, Advs.
     CORAM:
     HON'BLE THE CHIEF JUSTICE
     HON'BLE MR. JUSTICE SANJIV KHANNA

                   ORDER

% 04.05.2011

The present public interest litigation was initiated suo motu on the

basis of a letter addressed to the Court on 12 th March, 2011. After

initiation of the writ petition, Mr. Ashok Aggarwal, learned counsel has

entered appearance on behalf of Ms. Saima Khan D/o Mr. Tariq Nizam.

2. The factual exposition has disturbing features. Ms. Saima Khan, a

young girl was prosecuting her studies in Vishwamitra Sarvodaya Kanya

Vidyalaya, Old Seema Puri, Delhi. At the time of unfortunate occurrence,

she was a student of class-XI. On 1st March, 2011 while she was drinking

water in the school someone from the outside the wall of the school threw

a stone which hit her right eye. Though she informed to the school

authorities, yet immediate action was not taken to take her to a doctor to

avail treatment. Thereafter, she availed treatment, but as the medical

investigation would show there has been substantial loss of vision and the

treatment continues. A complaint has been made by Patrons for Poor

Peoples Foundation (Regd.) to the Deputy Director of Education (North-

East) on 5th March, 2011. After the complaint was received, the Director

of Education has taken certain steps.

3. Be it noted, Mr. Najmi Waziri, learned Standing Counsel for

GNCTD representing Directorate of Education has stated about the

occurrence and the steps taken. We think it appropriate to reproduce

paragraphs 5 to 9 of the affidavit filed by the Deputy Director of

Education (North-East), GNCTD:-

"5. That in the complaint it was alleged that on 1.3.2011 one student namely Kumari Sayma of class XIth of Vishwa Mitra Sarvodaya Kanya Vidyalaya, Old Seema Puri, Delhi was injured at her eye by stone thrown by outsider while going out of the school at 12.00 Noon for drinking water. It was also alleged that she was not given proper medical assistance by the school authorities and shown callous attitude to the incident.

6. That the Deputy Director of Education (North East) on 9.3.2011 directed the Education Officer (Zone-VI) to investigate the matter. The Education Officer (Zone-VI) entrusted the enquiry to the Principal, Govt. Boys Sr. Sec. School, Old Seema

Puri. The Enquiry Officer submitted his report vide Report dated 31.03.2011. The Enquiry Report was examined by the Deputy Director of Education (North East) and found that the same was not satisfactory. As such, another team consisting of Education Officer (Zone-VI) and other team of four Principals was constituted on 11.4.2011 to investigate the matter thoroughly and to submit their findings. The Enquiry Report was received on 25.04.2011. A copy of the Enquiry Report along with Annexures is annexed herewith and marked as Annexure R-2.

7. That the enquiry confirmed that the incident took place on 1.3.2011 at 12.40 PM near the School gate and the student was taken to the Doctor by the father of her class mate. It was also found that the Principal of the School has shown causal approach to the incident and failed to provide medical assistance to the student.

8. That the Director of Education has considered the Enquiry Report and took a serious view in the matter and decided to initiate disciplinary proceedings against the Principal for callous attitude in the matter.

9. That in order to avoid recurrence of such attitude/incidents in future the Deputy of Education (North East) vide Circular dated 2.5.2011 directed all Head of Schools under his District to take such incidents seriously and provide all medical and other assistance immediately to the victims. A copy of Circular dated 2.5.2011 is annexed herewith and marked as Annexure R-3."

4. On a perusal of the aforesaid, it is quite clear that certain steps have

been taken by the Director of Education, which we appreciate. It is

submitted by Mr. Ashok Aggarwal, learned counsel for the petitioner that

though certain positive the steps have been taken by the State

Government, yet some other aspects are also required to be taken. Mr.

Waziri has fairly stated that the State is duty bound to see that this kind of

occurrences do not recur and proper steps are to be taken. Learned

counsel for the State has left it to this Court to issue appropriate directions

in this regard.

5. In view of the aforesaid, we proceed to issue the following

directions:-

(a) The State Government shall depute two Home Guards in each

government girls' school situate within the territory of GNCTD. They

shall remain in their dress and it will be their duty to see that no untoward

incident occurs. If for some reasons in some schools Home Guards cannot

be deputed, the Director of Education shall instruct the Principal of the

school to depute adequate number of guards at the time of ingress and

egress during the school hours of the students.

(b) The circular that has been issued by the Director of Education shall

be religiously followed without any kind of deviation by all concerned.

shall be the head, who on coming to know about such a situation, shall

immediately take the student to the hospital for availing the treatment.

6. The residual question, which requires to be addressed, is whether

Saima Khan, a student of class XI should be granted any kind of support

by way of compensation or ex-gratia by the State. It is not in dispute that

the school is a Government school. It is also not in dispute that there has

been delay in treatment of the child because of apathy shown by the

school administration. She has sustained bruises underneath her eye

because someone from outside threw a stone. It is a law and order

situation. As the medical report would suggest, which is not disputed, her

vision has substantially been impaired. In this context, we may fruitfully

refer decision in M.P. Human Rights Commission Vs. The State of M.P.

and Others, AIR 2003 Madhya Pradesh 17, wherein it has been stated

thus:-

"24. ................... A man who has lost his eye- sight, even in respect of one eye, faces ignominy. He develops a sense of constant fear. Phobia reigns. It has been said that fear corrodes the inner depth of the soul. Their family members may not be in a position to look after them. Possibly they might have been assisting other members of the family for some domestic activities but because of this unfortunate blow on them they have become a liability. No human being desires to become a liability on anyone. No person wants to be treated as an unperson. A person in his individual capacity has the entitlement to be a protagonist in his own life, but the life appears to be not worth living when one has become half blind. ........."

7. In the case at hand, the victim is a young girl. She is unmarried. She

has a long life to go. The hopes of life to some extent have been

smothered.

8. Regard being had to the aforesaid and keeping in view the liability

of the State and the agony suffered by the student, we think that the State

should come forward to pay a particular sum as ex-gratia to Saima Khan

which would include her treatment expenses availed of outside the

Government hospitals. The said amount is fixed at Rs.3,00,000/-. The

same shall be kept in a Fixed Deposit in the name of Saima Khan for a

period of 3 years in a nationalized bank. Interest can be withdrawn for her

benefit. The amount shall be paid within 4 weeks by way of a bank draft

drawn in the name of Saima Khan through the Principal of the school.