ORDER
1. This petition was instituted on 2nd August, 1999 by the parents of deceased
Mehnaz seeking directions against respondents alleging that the death of Mehnaz
was as a result of the shoot out incident on 5.2.1999 within the premises of
Government Girls Senior Secondary School, Brahm Puri, Delhi. It was alleged that
the incident was due to the negligence on the part of respondent No. 1 to provide
adequate security to the school children. Consequently directions were sought
against respondents to take adequate security measures in all schools run by
respondent Nos. 1 and 3 in the National Capital Territory of Delhi and particularly
for the students when they are in the school premises during school hours. Another
direction was sought against respondent No. 4 to take steps to provide more police
assistance wherever necessary, particularly near the schools areas.
2. After notice to the respondents and considering the reply the Court prima
facie concluded that respondent No. 1 had failed to discharge its obligation in not
providing adequate security to the school children and accordingly directed that
the petitioners, who are the parents of the child, who died in the shoot incident be
paid a sum of Rs. 50,000/- towards damages by way of interim measure only.
Pursuant to the said order the said amount of Rs. 50,000/- was paid to the
Pursuant to the said order the said amount of Rs. 50,000/- was paid to the
petitioners. After the amount had been paid the Bench proceeded to deal with the
other questions raised in the petition. In the last affidavit filed by the Joint Director
of Education N.C.T. of Delhi in addition to reiterating the earlier stand taken in the
affidavit of the Joint Director of Education enclosing therewith reports of Education,
Officer about the scrutiny conditions in the schools which were not having
boundary walls etc., it was pointed out that about 1027 schools are run by the
Education Department in single/double shift. Out of these 357 in puce buildings
251 in semi puce buildings, 90 schools are in tin shed with tin shed boundary walls.
Affidavit further stated that some deficiencies have been noticed in some of the
schools out of which 11 are in part/MCD premises or the land which is no allotted
to the Director of Education. We need not go in further details of what is staned in
the affidavit, since we are informed that the question raised by the petitioner in this
petition about condition of schools a subject matter in Writ Petition No. 5325/97
titled All India Lawyers Union v. MCD and Ors., which is pending consideration in
this Court. Thus we are not inclined to pass any further directions in this petition,
except by making it clear that the compensation paid to the petitioens by order
dated 5th August, 1999 is only by way of interim measure. The petitioners are at
liberty to have redressal of their grievance in accordance with law in appropriate
proceedings.
3. With the observations aforementioned, the petition stands disposed of.