The Bombay High Court has passed a judgment directing the Maharashtra Government to mandate medical facilities in all educational institutions. This judgment was passed by Justice Nitin Jamdar and Justice M.M. Sathaye in coram, on July 12, 2024.
Facts of the Case
This case involved a dispute between the petitioner, Surekha Luxman Sonovane and the Principal of the Thakur Polytechnic College, Wockhardt Super Specialty Hospital, Surbhi Life Care Hospital and the State of Maharashtra. It is worthwhile at this juncture to note the particulars of the case.
The petitioner’s daughter, Ms. Tejuswini, was a final-year diploma student at Polytechnic College, Kandivali, Mumbai. She tragically collapsed in her classroom on February 22, 2016, sustaining a head injury after hitting her head against a classroom bench and losing consciouness. Efforts were made to transport her to nearby hospitals, however, the student succumbed to fatal haemorrhaging.
Thus in light of this the petitioner raised the following issues:
- Negligence on the part of the Polytechnic College
- Medical negligence on the part of the hospitals where the petitioner’s daughter was admitted and
- Lack of directions from the Principal Secretary of the Higher and Technical Education Department, the Principal Secretary of the Education and the Director of the Maharashtra State Board of Technical Education, to ensure adequate medical facilities and equipment are available in colleges and schools.
During the hearing of this matter, it was observed that there exists a circular dated July 10, 2024 issued by the Higher and Technical Education Department regarding providing basic medical facilities. The circular provides key measures that must be implemented by educational institutions. However, the court observed that the circular did not stipulate any specific consequences for non-compliance.
“Students spend a significant portion of their time under
Bombay High Court Judgment in Writ Petition 5257 of 2017
the care of these institutes, and it is incumbent upon them to take
practical and feasible efforts in medical emergencies.
Relying solely on ad-hoc responses for medical emergencies is
inadequate. A structured approach and mandates of law are required
to ensure basic medical facilities are readily available on the premises.”
Court’s Decision
The court directed the Maharashtra government to issue comprehensive instructions to all educational institutions specifying the necessary medical facilities and procedures to be followed in case of emergencies. The government was also instructed to establish a monitoring mechanism to ensure compliance.
The court thus issued the following directions:
Mandatory Instructions
The Higher and Technical Education Department of the Maharashtra Government shall issue comprehensive instructions to all educational institutions covered by the July 10, 2024 Circular. These instructions will clearly define the course of legal action applicable in cases of non-compliance with the aforementioned Circular’s directives regarding medical facilities.
Dissemination of Information
The Higher and Technical Education Department shall ensure widespread dissemination of the July 10, 2024 Circular. This communication will be achieved through various channels, including media outlets, social media platforms, and the department’s official website.
Grievance Redressal Mechanism
To facilitate reporting of non-compliance, the Higher and Technical Education Department will establish a dedicated helpline number and a social media presence. Students, parents, and staff members can utilize these channels to report any deficiencies in medical facilities as outlined in the July 10, 2024 Circular.
Education Department Circular
Taking into account the learned Government Pleader’s statement regarding a similar circular under development by the Maharashtra Education Department, the department is directed to finalize and issue the aforementioned circular by August 11, 2024.
Applicability Across Departments
The directives issued to the Higher and Technical Education Department are to be considered equally applicable to the Education Department.
