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.

ORDER :

V. LAKSHMINARAYANAN, J.

This writ petition seeks for a direction to the respondents herein, to provide fair and adequate compensation to the petitioners for the death of their daughters, aged between 11 and 13, which transpired due to the negligent act of respondent Nos. 10 to 13, all of whom are employed as headmaster, and teachers, respectively in the Government Middle School, Pilipatti Panchayat Union, Viralimalai, Pudhukottai District.

Facts

2.The Petitioners are coolie workers residing in the same village of Pillipatti. They are the fathers of the four minor children, namely:

(i)Tamilarasi, aged 13 years;

(ii)Lavanya, aged 11 years;

(iii)Iniya, aged 11 years; and

(iv)Sophiya, aged 12 years.

3.The children were studying at Government Middle School, Pillipatti, in Viralimalai Taluk of the Pudukottai District. An incident occurred on 15.02.2023. These young girls tragically drowned to their deaths in Cauvery near Mayanoor, Karur District. The manner in which the incident took place is narrated hereunder.

4.The 2^nd respondent organised a State-level Republic Day football tournament. The petitioners’ daughters were selected as part of a team to represent their school and participate in the tournament. Pursuant thereto, on 14.02.2023, a group of 15 students, studying VI, VII, and VIII standards, embarked on their journey escorted by respondents 11 to 13, who are two teachers and one physical education teacher employed at the 10^th respondent school. The event took place at Kongunadu College of Engineering and Technology in Thottiyam, Trichy District. The respondents 11 to 13 assured the parents of the participating children, including the petitioners, that their children would be properly escorted and returned safe and secure.

5.On the very next day, viz., on 15.02.2023, the petitioners’ daughters and the other selected students participated in the football match. They lost their game. Subsequently, the petitioners’ daughters, along with the other students, were accompanied by respondents 11 to 13 to the Cauvery River flowing in the Mayanoor Town of Karur District to take a bath under their supervision. Quiet flowed the river. It allured the children. They entered the water for a dip, but lost their lives.

6.It is the case of the petitioners that two of the three officials, namely respondents 12 and 13, failed to accompany and supervise the minor students, while they were taking a dip in the river. The said respondents had returned to Uraiyur, Trichy, while respondent No.11 remained on the riverbank along with the 15 students, including the petitioners’ daughters.

7.While so, two students by the names of Pavina and Gokila went to the centre of the river. They began drowning. This is when Sophiya, daughter of the 4^th petitioner, attempted to rescue her peers. Thereafter, a few other students, including the daughters of petitioners 1 to 3, started drowning in the river. Sophiya went to their rescue. Sophiya succeeded in saving 11 out of the 15 students, except for the petitioners' daughters. Unfortunately, in her attempt to rescue her peers, Sophiya herself succumbed to drowning.

8.After these unfortunate events, the fire and rescue services from Karur and Musiri in Trichy District arrived at the scene. They retrieved the victims' bodies. The bodies were sent to the Karur Government Medical College Hospital for post-mortem. It was done without notice or consent, from the parents. Autopsies were allegedly conducted, without identification of the deceased, by their families or their approval.

9.Meanwhile