Avinash Mehrotra vs Union Of India and Others [ Writ Petition (Civil) 483 of 2004 ]

Country India
Category Right to Education
Date of Judgment 13-04-2009
Link / Attachment http://www.legalindia.com/judgments/avinash-mehrotra-vs-union-of-india-ors-on-13-april-2009
  • Description

    This important Public Interest Litigation relates to a fire swept through the Lord Krishna Middle School in District Kumbakonam in the city of Madras, Tamil Nadu. The fire started in the school’s kitchen while cooks were preparing  the mid-day meal; and 93 school children were burnt alive in the fire.

    The purpose of the PIL was to protect the rights of life and education guaranteed to all school going children under Articles 21 and 21-A and to bring about safer school conditions.



  • Judgment

    Before granting recognition or affiliation, the concerned State Governments and Union Territories are directed to ensure that the buildings are safe and secured from every angle and they are constructed according to the safety norms incorporated in the National Building Code of India.

    (ii) All existing government and private schools shall install fire extinguishing equipments within a period of six months.

    (iii) The school buildings be kept free from inflammable and toxic material. If storage is inevitable, they should be stored safely.

    Evaluation of structural aspect of the school may be carried out periodically. We direct that the concerned  engineers and officials must strictly follow the National Building Code. The safety certificate be issued only after proper inspection.

    Dereliction in duty must attract immediate disciplinary action against the concerned officials.

    (v) Necessary training be imparted to the staff and other officials of the school to use the fire extinguishing equipments.

    41.The Education Secretaries of each State and unionTerritories are directed to file an affidavit of compliance of this order within one month after installation of fire extinguishing equipments.

    42. List this petition on 07.12.2009 to ensure compliance of this order.