The school authorities have a duty of care to provide adequate drinking water and security for the students, and failure to do so may result in liability for negligence.

( 1 ) ON December 23, 1997, Anshu Sharma, a student of M. C. D. Primary School, Mahavir Enclave, Dabri, New Delhi, aged about 7 years, was crushed to death by a vehicle while crossing the road in front of the school. He had gone outside the school during school hours to fetch drinking water for himself as potable hygienic water was not available in the school. With these allegations the instant public interest writ petition has been filed by All India Lawyers Union, a voluntary organisation, for various directions.

( 2 ) TO meet the allegations two counter-affidavits have been filed on behalf of the Municipal Corporation of Delhi. These affidavits have been affirmed by Shri Om Prakash, Assistant Education Officer, Nazafgarh Zone, and Shri T. C. Arora, Deputy Education Officer. While not denying the accident and the fact that the child had gone outside the school during school hours, it is asserted that the drinking water was freely available in the school. The averments made in this regard in the affidavits filed on February 2, 1998 and September 1, 1998 by Shri Om Prakash and Shri T. C. Arora, respectively, are as follows :-

" It is submitted that there is no shortage of water in the school. Therefore, there was absolutely no question for the school children to go outside the School for drinking water. What is most important is the fact that there is neither any water tap nor any other source of drinking water near the school or on the highway as alleged in the petition. " (Affidavit of Shri Om Prakash)

" Contents of para 6 is (are) not denied to the extent that (a) school boy of seven years old was crushed to death by a four wheeler tempo on the fateful day i. e. 23. 12. 1997. Rest of the averments in this para are wrong and denied. It is submitted that there is no shortage of water in the school and therefore, there was absolutely no question for the school children to go outside the school for drinking water. . . . " (Affidavit of Shri T. C. Arora)

( 3 ) THE above averments in the counter-affidavits clearly contradict the note of the Commissioner dated January 28, 1998. A perusal of the note of the Commissioner reveals that the same is based on the preliminary enquiry report made by the Additional Director (Vigilance), M. C. D. , dated January 22, 1998. It appears from the note that the tragedy could have been averted if adequate drinking water facility was available in the school. The note in this regard reads as follows:- "6. Shri Chauhan has also admitted that he had started the process of providing adequate water supply to the school since June, 97 but till 23. 12. 97 no tangible progress in the same was made. It is understood that soon after the incident 2 hand pump had been made operative within a couple of days. Had this kind of promptness been shown earlier, the tragedy might have been averted. Accordingly, I do not find any reason as to why only written warning be given to Shri V. S. Chauhan, J. E. (Works ). RDA for major penalty be initiated against him as well as Head Master Shri Attar Singh Jain who showed utter lack of responsibility in discharge of his duties. "

( 4 ) THEREFORE, it is apparent that though the process for providing adequate water supply to the school was started in June 1997, no tangible progress was made in this direction till December 23, 1997. It was only after the incident that two hand pumps had been made operative. Thus, it is clear that an attempt has been made by the affiants to conceal the real reason why the child Anshu Sharma went outside the school on December 23, 1997 during school hours. We are constrained to observe that the affidavits filed by Shri Om Prakash, Assistant Education Officer and Shri T. C. Arora, Deputy Education Officer, have taken liberties with truth.

( 5 ) THE importance of provision of drinking water in a school cannot be over emphasised. Children cannot be expected to remain in school for long hours without water. They can not be made to go out side the school, o

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