Mr. Justice J.B. Garg, President—Sunny aged 15, son of the complainant was a student of 10th Class in Kendriya Vidyalaya, Sector 31, Chandigarh. He was studying in the aforesaid School since Class IV. On 29.7.1997 he went to School as usual and remained in the class since morning. The VIII period was for drawing. It has been alleged that there was no teacher for the aforesaid subject for the last three months and therefore Sunny proceeded towards the playground. He was unaware of the fact that practice of Javelin throw was going on there. Devinder, a Class XI student who was in the other corner of the lawn threw a ‘Javelin’ in absence of any Coach and it hit on the chest of Sunny piercing his ribs, rupturing his lungs and cutting arteries as a result of which Sunny fell on the ground. There was profuse bleeding. A few students picked up Sunny. Thereafter Ashwani Kumar Coach also came there and without understanding the gravity of the injury he was allegedly made to sit on pillion of his scooter and was carried to the hospital. He allegedly fell down from the scooter in the School and his condition became critical. Thereafter Sunny was taken in the motor car of another teacher at 1.0 p.m. He was brought to Government Medical College, Sector 32, Chandigarh. He died at 5 p.m. in the aforesaid hospital on account of aforesaid injury.

2. It has been averred that Sunny died on account of negligence of the respondents. Devinder was allowed to practise Javelin throw and that too during the school hours. No attendant was posted to stop entry of children into the lawn where practice was going on. The alleged absence of Coach was another negligence. It is the duty of the Principal and the School Authorities to take care of the students while they are in the school. The complainant has claimed a sum of Rs. 10 lacs as compensation/ damages.

3. In a reply filed on behalf of respondent Nos. 1 & 2, it has been averred that the Consumer Protection Act is not at all applicable. It has further been averred that relation of student and teacher is not a service on hire. There is a plea that for the safety of students of school, all the students are insured under Students Safety Insurance Scheme. It has further been averred that after the occurrence the complainant told the local police and Tehsildar that the death of Sunny was purely accidental. Now the present complaint has been made to tarnish the image of Vidyalaya and its staff members. The respondent-Kendriya Vidvalava is controlled by Kendriya Vidvalava Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi and Minister for Human Resources Development is its Chairman. The Deputy Commissioner is the principal Executive of the respondent school and it has not been properly sued. The answering respondent, Principal is merely the employee of the Kendriya Vidyalaya School like other teachers and the complaint deserves to be dismissed on account of mis-joinder and non-joinder of necessary parties. The tuition fees of all these students are reimbursed in accordance with the Circular dated 17.10.1988 and thus the service is rendered free of charge.

4. On facts it has been averred that Shri I.S. Oddaru was working as a regular Drawing Teacher in the Vidyalaya since 1986 and he was present in the Vidyalaya on 29.7.1997 as per teachers attendance register. It has been denied that some alternate arrangement for Drawing Teachers or any other substitute was required. Shri Oddaru found Sunny absent from the class without permission and he had gone towards the playground. It has been denied that there were no required signboards. All the students are educated during morning assembly regarding educational programmes and self-discipline. Shri Ashok Kumar, PET was looking after the Physical Education Department and entire students who had come in the field either to play or to exercise. Besides Shri Ashwarvi Kumar the school has two more Physical Education Teachers and two Yoga Teachers. Shri