Col Devinder Sehrawat v. Deputy Commissioner Sdmcd and Ors

SANGITA DHINGRA SEHGAL, J. SEPTEMBER 15, 2016/pmc

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on: 15th September, 2016 + WP (C) 887/2016 & CM Nos.3889/2016 & 7100/2016 COL DEVINDER SHERAWAT …Petitioner Through: Ms. Tanya Agarwal, Advocate Versus DEPUTY COMMISSIONER SDMC AND ORS. …Respondents Through : Mr. Mukesh Gupta, Standing Counsel for SDMC. Mr. Mukesh Gupta, Spl P.P for Delhi Police. Mr. Gautam Narayan, ASC for DOE. Mr. Romy Chacko with Mr.Maheen Pradhan, Mr. Ravinder Singh and Ms. Raveesha Gupta, Advs. for R-8 Inspector Sanjay Sharma, SHO/ Vasant Kunj South. SI Parveen Kumar, P.S. Kapashera. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL MS. G. ROHINI, CHIEF JUSTICE 1. The following unfortunate incidents resulting in the death of two young boys in Delhi schools are brought to the notice of this Court in this petition filed as a Public Interest Litigation: i) On 21.07.2016, a four year old boy named Master Ankit fell into an open sewer pit at SDMC Primary School, Kapashera No.2. Though a young construction worker Ram Shesh jumped into the pit and brought the child out immediately, he did not survive. ii) On 30.01.2016, a six year old boy of Class-I student of Ryan International School, Vasant Kunj by name Divyansh was found dead in a water tank under the Amphitheatre of the school. He was spotted in the water tank at about 1.30 p.m. and was declared dead when rushed to the hospital. 2. The petitioner seeks directions which included judicial inquiry into the incidents and to fix the responsibility on the erring authorities/school management, payment of compensation to the families of the deceased boys and to ensure safety of the students in the schools in Delhi. 3. It is alleged in the writ petition that both the incidents had taken place due to criminal neglect of the school administration. In the incident dated 27.01.2016 that took place in an SDMC School, the permanent toilets in the school were closed due to the delay in completing the construction work inside the school and therefore, temporary toilets in close proximity of the main entrance were constructed and the lid of the septic tank was left open on the fateful day. In the other incident dated 30.01.2016 that took place in Ryan International School, the boy who drowned in a tank under the school's amphitheatre and died could not even be noticed by the School Administration for a long time. 4. It is alleged by the petitioner that not only this specific incident but there was also dereliction of duties on the part of SDMC in general in maintaining the municipal services and resolving the civil issues. The petitioner, therefore, contends that necessary inquiry needs to be directed into the two incidents and penal action should be taken against the erring staff members and school authorities apart from taking steps to ensure that no such incidents would happen in future in Delhi Schools. 5. The petitioner also seeks a direction for payment of compensation of Rs.50 lacs to the family of both the deceased boys and to constitute a Committee comprising representatives of the Delhi Government, MCD officials, Disaster Management Authority and Delhi Police for immediate disaster assessment of all the schools of Delhi apart from holding special disaster management training camps for school staff and students. 6. The respondent Nos.4 and 6/Govt. of NCT of Delhi filed a status report dated 08.02.2016 explaining that the Education Minister/Deputy Chief Minister of GNCTD had immediately directed the Sub-Divisional Magistrate to conduct an inquiry into the incident and accordingly, a report was submitted which prima facie indicates that the incident in SDMC School had occurred due to gross negligence on the part of the School. Similarly, a five Member Team was sent to Ryan International School on 06.02.2016 so as to conduct an inquiry into the safety standards of the school. That apart, a meeting of senior officials of the Department of Education was held by the Education Minister