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 with safety measures to prevent avoidable deaths of children in school premises.

JUDGMENT :

S. Muralidhar, J.

1. Aggrieved by the unfortunate death of a young girl who was crushed to death by the collapse of a kitchen side wall in the premises of Kolhabeda Ashram School, the father of the deceased has filed this writ petition seeking compensation for her death.

2. The facts are that the Petitioner’s daughter, Raimati Soren, was a student of Class-I at Kolhabeda Ashram School under Ghasipura Block in the district of Keonjhar. She was staying in the hostel of the said school. On 3rd October, 2013 at about 6.45 am, while Raimati and some other students were brushing their teeth near a newly constructed kitchen shed, the side wall of the said kitchen collapsed. While other students managed to escape, Raimati was crushed under the falling wall. She was rushed to the Community Health Center (CHC) at Keshadurapal and she was declared brought dead by the doctor.

3. After being informed by the Head Sevak, the Petitioner arrived at the said CHC and took the body of his daughter to the Sub-Divisional Hospital, Anandapur where the post-mortem was conducted.

4. At the level of the Government, an inquiry was conducted into her death. At the level of the Panchayat Samiti Office, the preliminary report prepared by the Block Development Officer, Ghasipura, the GPTA In-Charge Radhikadeipur and the in-charge SEO of Ghasipura Block stated as under :

“GTPA of Radhikadeipur GP on that spot told cause of collapse due to without proper foundation and cementing of bricks through mud and heavy tile roof. In that school campus there are two good rooms are there lying vacant those could have been put to use for kitchen and there was no need to construct a new unsafe temporary structure whose construction started 6 days back only. Hence, Headmaster Sri Sanatan Naik and SMC must not take such kind of decision to construct this for which this tragedy occurred. Please take necessary action at your end to give financial assistance to the poor family and punishment to the culprits.”

5. A recommendation was made by the Panchayat Samiti for providing financial assistance to the family of the victim girl from the side of the SC and ST Development Section in the Office of the Collector. A letter was addressed to the Director-cum-Additional Secretary to Government by the District Welfare Officer, Keonjhar that the family had been given monetary relief of Rs.10,000/- out of the ‘Red Cross Fund’. This letter also noted “the construction collapsed due to improper foundation and joint of bricks by mud.”

6. In response to the notice issued in the present petition by this Court on 24th April, 2014; a reply has been filed by the DWO, Keonjhar stating inter alia that the Petitioner had been provided with ex gratia sum of Rs.50,000/- apart from Rs.10,000/- paid out of the District Red Cross Society Fund. It is pointed out that the In-charge Head Sevak of the Ashram School was placed under suspension for negligence committed by constructing a kitchen shed without obtaining permission from the competent authority as well as without any technical support.

7. It is contended that the death of the child occurred due to “an accident” and that as many as 175 students were pursuing their studies at the School of which 110 students were boarders. It is claimed that the Government in SC and ST Department has taken note of such occurrence and issued a set of guidelines to prevent such an incident in future. Reference has been made to a letter dated 25th May, 2013 addressed by the Odisha Primary Education Programme Authority (OPEPA) to all the District Project Coordinators, in which, after referring to the judgment of this Court in Prabir Kumar Das v. State of Odisha 2013 (I) OLR 154, the following instructions have been issued :

“As per the subject under reference you are requested to check the structural safety and adequacy of all school buildings under your respective jurisdictions before the onset of monsoon positively. In case any building is found to be dilapidated, st