2009 INSC 0156
                    SUPREME COURT OF INDIA

                                           Bala

                                           Vs.

                    NCT of Delhi

                    Crl.A.No.146 of 2009

                    (Lokeshwar Singh Panta and B. Sudershan Reddy JJ)

                                           23.01.2009

                                           ORDER

1. Heard learned counsel for the parties.

2. Delay condoned.

3. Leave granted.

4. This appeal by special leave is directed against the judgment and order dated 20.10.2005
passed by the High Court of Delhi at New Delhi in Criminal Writ Petition No.1332 of 2003
whereby the High Court dismissed the said writ petition.

5. This appeal has been filed by Smt. Bala, mother of Dinesh who died on 25.7.2003 while
he was studying in 8th Class in Sarvodaya Vidyalaya, Bakner, New Delhi (respondent No. 2
herein). She filed the writ petition before the High Court seeking adequate compensation for
the negligence of the school authorities. The learned Single Judge of the High Court
dismissed the writ petition by slipshod order without assigning any reason. Against the said
order, the appellant has approached this Court.

6. The order impugned in this appeal is wholly untenable and unsustainable and is, therefore,
set aside. We are of the view that instead of remitting the case back to the High Court for
deciding the writ petition afresh on its merits, justice would be subserved by directing the
appellant to send a detailed representation to the Chief Secretary of the NCT of Delhi with
copies thereof to the Director of Education, NCT and the Principal, Sarvodaya Vidyalaya,
Bakner, New Delhi for seeking legitimate and appropriate reliefs. The needful shall be done
by the appellant within two weeks from today. The representation if made shall be
sympathetically considered on its merits by the competent authorities within four weeks from
the date of receipt of the same, and decision made thereon shall be duly communicated to the
appellant. The impugned judgment and order dated 20.10.2005 accordingly is set aside.

7. The appeal is allowed in the aforesaid terms.                       SpotLaw
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