Court Mandates Medical Facilities in Maharashtra Educational Institutes. Petition Over Student's Death Spurs Directives for Improved First Aid and Emergency Care in Colleges
Summary of Judgement
The court addressed a petition regarding the death of Tejuswini, a final-year diploma student at a polytechnic college, alleging negligence by the college and hospitals. The court found it difficult to adjudicate the disputed factual issues of negligence but acknowledged the larger issue of inadequate first aid and medical facilities in educational institutions. The court directed the State Government to issue and implement circulars mandating such facilities in colleges, emphasizing the need for structured medical support, and outlined specific measures for compliance and monitoring.
Introduction
- The petition raises concerns about first aid and medical facilities in educational institutions following the death of Tejuswini, a student at a polytechnic college.
Incident Overview
- Tejuswini collapsed and hit her head in class on 22 February 2016, subsequently passing away due to a hemorrhage.
- The Petitioner alleges negligence by the college and hospitals in providing timely medical assistance.
Allegations and Claims
- The college lacked adequate medical facilities, including an ambulance.
- Delay in transporting Tejuswini to the hospital contributed to her death.
- Petitioner seeks compensation and stringent action against the college and hospitals.
Respondents’ Defense
- The college claims to have taken reasonable measures and attributes Tejuswini’s death to pre-existing conditions.
- The college mentions disbursement of insurance and refunds to the Petitioner.
- The Human Rights Commission found no negligence on the college's part.
Court's Stance on Negligence Claim
- The court finds it challenging to adjudicate the disputed factual issues of pre-existing conditions and the role of the Respondents.
- The Petitioner's claim for damages is rejected.
Broader Issue of Medical Facilities in Educational Institutions
- The court acknowledges the importance of adequate medical facilities in educational institutions.
- The court calls for directives from state authorities to ensure basic medical facilities are available on campus.
AICTE and UGC Regulations
- AICTE handbooks outline essential requirements for technical institutions, including medical facilities.
- Verification by the Expert Visit Committee is mandated.
State of Maharashtra's Circular
- The Higher and Technical Education Department issued a circular on 10 July 2024 mandating medical care in colleges.
- Key measures include student insurance, first aid rooms, medical training, emergency vehicles, and collaborations with local doctors.
Court's Directions
- Instructions to educational institutes on compliance with the circular.
- Publicity of the circular through media and social media.
- Establishment of helpline numbers for reporting deficiencies.
- Issuance of a similar circular by the Education Department within one month.
Conclusion
- The writ petition is disposed of with specified directions.
- Other reliefs sought by the Petitioner are rejected.
- Appreciation for the assistance of the learned Amicus Curiae.
Case Title: Surekha Luxman Sonovane Versus The State of Maharashtra Ors.
Citation: 2024 LawText (BOM) (7) 125
Case Number: WRIT PETITION NO. 5257 OF 2017
Advocate(s): Mr.Milind A. Ingole for the Petitioner. Mr.P.P.Kakade, Government Pleader with Ms.T.J.Kapre, AGP for Respondent Nos. 1 and 2-State. Mr. Rajshekhar V. Govilkar, Senior Advocate for Respondent No.3. Mr.Mahendra M. Agavekar with Ms.Shraddha Chavan for Respondent No.4- College. Mr.Jaydeep Deo, Appointed as Amicus Curiae.
Date of Decision: 2024-07-12