Arun Chandra Upadhyay, J.

1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioners above named, claiming compensation of Rs. 25,00,000/- (rupees twenty-five lakhs) under the public law remedy for violation of fundamental rights and for committing rape on the victim i.e. petitioner No. 1 by respondent No. 6, Shri H.S. Tewari, the then Principal, Jawahar Novodaya Vidyalaya, Kakraban, South Tripura District, when she was residing in the boarding school, run by the Novodaya Vidyalaya Samity, a Government of India undertaking. The petitioners have also prayed for initiating appropriate action against the respondents in terms of the direction issued by the Hon'ble Supreme Court in Bishakha & Ors. v. State of Rajasthan & Ors. reported in (1997) 6 SCC 241. The petitioner No. 2, namely, the Tripura Commission for Women, which has been created in terms of the provisions of Section 11(1) of the Tripura Commission for Women Act, 1993 (in short, the Act). The Commission, being empowered to take up cases of violation of the constitutional and other rights relating to women in the State with the appropriate authority, in terms of the provisions of Section 11(1)(C) of the Act and Section2(C) of the aforesaid Act, which also includes adolescent girls or female child. The victim, petitioner No. 1, is presently in the custody of the Tripura Commission for Women in pursuance of the order dated 16.02.1999, passed by the learned Chief Judicial Magistrate, South Tripura, Udaipur.

2. I have heard Mr. P. Roy Barman, learned counsel for the petitioners and Mr. A. Nandi, learned counsel, representing the respondents-Union of India as well as Mr. B. Dutta, learned State counsel for the respondent-State.

3. The facts, leading to the filing of this writ petition, may be stated, in brief, as follows :

The father of petitioner No. 1 was an employee of the NAH, Belonia, South Tripura. He had three children. Father of petitioner No. 1 died on 03.04.2004. However, during his lifetime he was very keen to ensure that his daughters were provided with best education to ensure their bright and prosperous future. He tried his level best to ensure that quality education was provided to his children and thus provided backgrounds to his children to maintain disciplined and industrious life.

4. Petitioner No. 1 was a student of Class V in a primary school under Belonia Sub-Division. Apart from being disciplined, energetic and amiable, in nature, since the period of her primary education, she could show her brilliancy in study.

5. The then Principal, Jawahar Novodaya Vidhalaya (hereinafter, in short referred to as the JNV, Kakraban, South Tripura, issued an advertisement, seeking applications for admission to Class VI at JNV, Kakraban, from the students, residing within the territorial limits of South Tripura District. The father of petitioner No. 1 responded to the advertisement and took necessary steps for admission of her daughter, i.e. petitioner No. 1 to Class VI at JNV, Kakraban, South Tripura.

6. It would be pertinent to mention herein that the Jawahar Novodaya Vidyalaya (JNV) has been established under the National Education Policy, 1986, and in pursuance thereof Government of India established Jawahar Novodaya Vidyalayas in 23 States and 7 Union Territories. The object of Novodaya Vidyalaya Scheme was to promote national integration and also to encourage and promote talents predominantly from the rural and weaker sections of India. It would also be pertinent to mention herein that the Novodaya Vidyalayas are under the Ministry of Human Resources Development, Department of Education, Government of India and the activities of the Novodaya Vidyalayas are financed by the Government of India, through an autonomous organization, i.e. Novodaya Vidyalaya Samiti (in short, the NVS). Thus the NVS is under the deep and pervasive control of the Union of India to discharge its constitutional obligation of making access to the edu