VENKATESWARLU NIMMAGADDA
Pathi Venkata Narayana – Appellant
Versus
Government of Andhra Pradesh – Respondent
ORDER :
Venkateswarlu Nimmagadda, J.
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
2. The brief facts of the case are that the petitioner is hails from a poor BPL (Below Poverty Line) family and he is working as daily wage agricultural labour. He has two sons namely Vishnu Vardhan and Mahendar. Whereas his elder son namely Vishnu Vardhan aged about 11 years and he is studying 4th class at Sri. Vivekananda Vidya Peetam High School, Markapur. On 29.08.2021, which happens to be a public holiday, petitioner's elder son i.e., Vishnu Vardhan along wi
Bhim Singh v. State of J and K (1985) 4 SCC 677
C.Chinnathambi v. State of Tamil Nadu 2002 ACJ 1243 (Madras)
Chandigarh Administration v. Rajni Vali AIR 2000 SC 634
Chief Secretary to the Government of Tamil Nadu v. R. Selvam 2004 WLR 611
Lakshmana Naidu v. State of Tamil Nadu 2007 ACJ 1349 (Madras)
Lucknow Development Authority v. M.K.Gupta AIR 1994 SC 787
M.S. Grewal and Anr. v. Deep chand Sood and Ors. reported AIR 2001 SC 3660
Rudul Sah v. State of Bihar (1983) 4 SCC 141
Saheli: A Women's Resources Centre v. Commissioner of Police
Sarla Verma and Ors. v. Delhi Transport Corporation and Ors.
Sebastian M. Hongray v. Union of India (1984) 1 SCC 339
State of A.P. v. Challa Ramakrishna Reddy (2000) 5 SCC 712
State of Maharashtra v. Ravikant S. Patil (1991) 2 SCC 373)
V.Subramaniam v. State of Tamil Nadu and Ors. 2010 ACJ 1861 : 2009 (1) CTC 434
The State is vicariously liable for compensation due to negligence in ensuring the safety of children in schools, as established under Article 226 of the Constitution.
The main legal point established in the judgment is the duty of care owed by State authorities to provide a safe and secure environment for children, and the liability of the State for reparation of ....
The State is liable to pay compensation for the negligence of state functionaries in providing a safe and secure environment for children attending schools, and there is a need for strict compliance ....
Teachers have a heightened duty of care under the doctrine of loco parentis; failure to fulfill this duty resulting in student harm makes the state vicariously liable for their negligence.
Teachers must exercise a higher duty of care to ensure student safety during school events, as failure to do so can lead to liability for resulting harm.
The court established that the principle of res ipsa loquitur applies in cases of State negligence, allowing for compensation claims without needing to prove fault.
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