Lessons for schools

Schools are also responsible for other incidental services

If schools and other educational institutions still believe that their job is only to provide education, they are badly mistaken. Imparting education is one part of the picture.

But all service providers have to ensure that there is no deficiency in their own service or in matters incidental to the service.

Viewed in this light, schools can no longer plead with impunity that they are not concerned with accidents that occur during bus journeys, or with anything else that happens to students while they are in school. Two recent judicial decisions are enough to illustrate this point.

Brinda, aged three-and-a-half years, was an Upper KG student in Sri Chakravarthy International Matriculation Academy. On December 13, 1993 Brinda went to the school toilet, fell in the septic tank nearby and died.

There is little doubt that keeping a septic tank open near the toilet was an act of negligence on the part of the school authorities.

A complaint was filed by Brinda's parents before the Tamil Nadu State Consumer Disputes Redressal Commission alleging deficiency of services of the school in not keeping the toilets and surrounding area tidy and secure. They claimed Rs 5 lakh as compensation for the death of their child.

The state commission, while holding the school categorically deficient in its services, adopted a niggardly approach and awarded a sum of Rs 10,000 only.

Aggrieved by the order of the state commission, the parents filed an appeal before the National Consumer Disputes Redressal Commission which raised the compensation from Rs 10,000 to Rs 2 lakh, holding that "the amount awarded by the state commission cannot be considered reasonable".

The National Commission observed in its judgement that "when a school admits a child it undertakes to look after the safety of the child during school hours. This undertaking has been clearly breached in the present case.

It is the duty of the authorities before granting recognition for starting a school to see that proper toilet and other sanitary facilities are provided in the school. There clearly has been deficiency in service. The parents have suffered for the loss and injury to the child, and are entitled to damages."

The Madhya Pradesh State Consumer Disputes Redressal Commission had a similar case before it. Arjun was a student in upper KG in Patidar Samaj Chhatrawas Samiti and was staying in the school hostel.

On April 14, 1999 he was injured in his right eye. The hostel authorities did not take proper care, which resulted in loss of vision.

A complaint was filed by the student before the district consumer disputes redressal forum which, after considering the evidence, found deficiency in service of the Samiti in not taking the complainant for treatment on time. It ordered the school authorities to pay compensation of Rs 20,000 as well as the cost of proceedings to the complainant.

Against this order, an appeal was filed before the state commission alleging that the compensation was too low. The state commission noticed from the record of the case that the boy had been taken to Dr C S Gangrade, whose examination found traumatic cataract and advised surgery and prescribed some medicines.

Arjun was also taken to Indore for expert consultation. The district forum appointed a medical board which went into the facts of the case and found that the boy had developed corneal sear and traumatic cataract.

After going into the facts, the state commission by its order dated July 10, 2003 held that the compensation of Rs 20,000 awarded by the district forum was inadequate and though the complainant had claimed damages of Rs 1 lakh, the court raised the sum from Rs 20,000 to Rs 35,000 along with the cost of the proceedings.

The tenor of the recent pronouncements of various courts shows that schools and other educational institutions should not remain confined to the provision of proper and better education to their students.

They must also take care in respect of all other amenities and facilities that go with the provision of educational services. Any deficiency found in any such matter is going to be taken very seriously by the courts, as the above verdicts indicate.