"Ensure availability of first-aid in all Educational Institutions'': Bombay HC issues direction to State Govt
Bombay High Court
Mumbai: To promptly address any emergencies, the Bombay High Court has instructed the state government to ensure that all educational institutions in the state are equipped with medical facilities for students and staff.
While hearing a Writ Petition involving an individual tragedy that raised significant concerns regarding the availability and adequacy of first aid and medical facilities in the educational Institutes in Maharashtra, a bench of Justice M.M. Sathaye and Justice Nitin Jamdar observed, "Students spend a significant portion of their time under the care of these institutes, and it is incumbent upon them to take practical and feasible efforts in medical emergencies”.
“The Higher and Technical Education Department, Government of Maharashtra, will issue necessary instructions to all the educational Institutes covered by the Circular dated 10 July 2024 specifying the course of action within the bounds of law in case of failure to adhere to the directions in Circular dated 10 July 2024," the court added.
This order was passed following a petition filed by the mother of a 19-year-old daughter, a final-year diploma student at Polytechnic College collapsed in her classroom and later died due to a haemorrhage. The petitioner alleged that her daughter collapsed in class, hit her head against a bench and was unconscious. She was brought down from the sixth floor in a wheelchair and taken to two hospitals before she passed away.
Further, the petitioner alleged negligence by the college and two hospitals, citing inadequate medical facilities and delays in transporting her daughter to the hospital. The Petitioner further asserts that timely medical treatment could have saved her daughter’s life. She sought compensation of Rs 50 lakh and stringent action against the college and hospitals for medical negligence.
In response to the medical negligence accusations, the learned Counsel for the Respondent college argued that all reasonable measures within the capacity of the College to prevent the unfortunate incident were undertaken. The College argued that the student had pre-existing health conditions, suggesting that her death could not solely be attributed to the actions or omissions of the College. The College disputed the allegation of negligence by its employees.
"Additionally, the Respondent college has submitted that under the Mandatory Student Insurance Policy, an insurance company disbursed Rs. 50,000 to the Petitioner-mother. Also, the College incurred Rs. 1,30,000 towards the hospital expenses for the deceased and refunded all fees paid by the Petitioner-mother for the three-year duration. The Respondent College has placed on record the proceedings taken out by the Petitioner before the Human Rights Commission, Maharashtra," argued the counsel.
Considering this, the Court refused to adjudicate on the disputed questions of facts and said that the claim of the Petitioner falls under the realm of tort law. The petitioner's claim for action and damages was negatived.
However, the Court took into consideration the larger issue raised by the Petitioner who sought a direction for Respondent No. 1, the Principal Secretary of the Higher and Technical Education Department; Respondent No. 2, the Principal Secretary of the Education Department; and Respondent No. 3, the Director of the Maharashtra State Board of Technical Education, to issue directives to the respective Government Education Departments to ensure adequate medical facilities and equipment are available in colleges and schools.
“Educational institutes in larger cities have a substantial strength of students and staff members who spend a considerable portion of their day away from their homes. Medical emergencies can occur due to the commuting requirements (especially in Mumbai)and diverse activities within these institutions. While some institutions may have arrangements or provide ad-hoc responses to transport patients to the nearest hospital during emergencies, delays in timely medical treatment can lead to fatal results," said the court.
According to the Court, a structured approach and mandates of law are required to ensure basic medical facilities are readily available on the premises. “This necessitates directives from state authorities, with clear consequences for non-compliance, to ensure that educational Institutes adhere to standards that deal with the medical emergencies of their students and staff.”, the Court added.
The Court said that the State of Maharashtra had not issued any directions to educational Institutes regarding the medical facilities even when the State Government has the power to issue directions to these educational Institutes.
The Court noted that the Circular of July 10, 2024, does not stipulate any specific consequences for non-compliance. The Court said that the State should evolve mechanisms to monitor the functionality of medical facilities to ensure the effective implementation of the Circular.
Consequently, the Court disposed of the petition after issuing directions for the effective implementation of the circular.
To view the official court order click on the link below:
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