The High Court dismissed a writ petition filed by a father seeking directions not to grant compensation or services to him following the death of his son at a school pond on a holiday when no authority was present.
The writ petition was dismissed with no directions granted to the opposite parties regarding compensation or services.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) No.13273 of 2012
2. 9.1.2017 Heard learned counsel for the petitioner, learned Addl. Govt.
Advocate and learned Standing Counsel for School and Mass Education Department.
Petitioners son was reading in Class-X of Baya Abadhuta High School, Kanimul
in the district of Jagatsinghpour. He died on 2.9.2011 during emersion of the idol of Lord Gan
esh in the pond of that school.
It is stated that although since then the petitioner has been approaching diff
erent authorities for payment of necessary compensation, yet the move has not yielded any frui
tful result. So the present writ application has been filed with the following prayer:-
(i) The Headmaster, Baya Abadhut High School shall not be directed to grant LI
C and Red Cross amount to the petitioner,
(ii) The opposite parties shallnot be direct to award compensation of Rs.10,00
,000/- in favour of the petitioner.
(iii) The opposite parties shall not be directed to provide service to one of
the family members of the petitioner.
(iv) The action of the opposite party shall not be declared as illegal, arbit
rary, improper and unreasonable.
It is stated that the petitioners son was present during the emersion of idol
of Lord Ganesh in the school pond and sometime thereafter he was untraced. Ultimately his dead
body was found from the said pond. It is stated that day when the boys were emersioning the i
deal of Lord Ganesh in the school pond being the Nuakhai day was a holiday. It is not stated t
hat the emersion was either being done as per the direction of the school authorities or that
any of the teacher or staff of the school was present during then either in the school or near
the pond or during carriage of the idol to the pond.
In the writ application, although it is stated that the school authority is r
esponsible for the death of the petitioners son yet it is not indicated as to how the responsi
bility or negligence would get attributed to them when the incident took place on a holiday an
d that too not as per the instruction or direction of the school authority nor even their pres
ence.
In view of aforesaid and on going through the prayer as advanced, the writ pet
ition is found to be misconceived. The same is accordingly dismissed.
.. D. Dash, J.
Aks
3 issues framed by the court
Whether the writ petition is misconceived given the absence of instructions, direction, or presence of school authorities during the incident.
Whether the school authority can be held responsible for the death of the petitioner's son during an event on a holiday.
Whether the prayer for directions not to award compensation and provide services can be granted.
1 provisions across 1 enactments
Petitioner
School and Mass Education Department
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court