IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.49686/2014 (GM-RES) BETWEEN:
MANAGER AND CORRESPONDENT MARIA NIKETAN HIGH SCHOOL ST MARYS TOWN, BANGALORE-84 REP BY FR DEVA KUMAR AGED ABOUT 55 YEARS ... PETITIONER (BY SMT. SELVARANI.G., ADV. FOR SRI.H.B.UDAY KUMAR, ADV.) AND 1. SRI UMESH ARADHYA HR THE CHAIRMAN KARNATAKA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS 4TH FLOOR, KRUSHI BHAVAN RANI CHENNAMMA CIRCLE BANGALORE-560002 2. SRI RABORT NO. 448, 12TH MAIN ROAD 4TH ROAD, NEW BAGALUR LAYOUT LINGARAJAPURAM BANGALORE-560084 ... RESPONDENTS (BY SRI. H. T. VASANTH KUMAR, ADV. FOR R1, R2 IS SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED INTERIM ORDER DATED 20.9.2014 PASSED BY THE R-1 CHAIRMAN, KARNATAKA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS, BANGALORE VIDE ANN-A AND ALLOW THE ABOVE W.P.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is directed against the order dated 20.9.2014 passed by the respondent No.1 vide Annexure-A in Case No.148/2014-15 whereby the respondent No.1 has directed the petitioner to pay a sum of Rs.75,000/- to the victim on or before 20.10.2014.
2. The case of the petitioner is that the petitioner is the Manager and Correspondent of Maria Niketan High School, St. Mary’s Town, Bangalore. On 30.6.2014, during the lunch break in the play ground, a small boy threw a stone which accidentally hit the eye of Master Ajay. Immediately after the incident, the injured was shifted to Government Minto Hospital by the respondent No.2 The expenditure has been paid by the petitioner. Initially, a sum of Rs.4,000/- has been paid to the parents towards conveyance and subsequently, a sum of Rs.12,842/- has been paid by the petitioner to the St.Johns Medical College Hospital for the medical expenses. Respondent No.1- Commission suomoto has initiated proceedings against the petitioner-Institution. By order dated 20.9.2014 vide Annexure-A, the respondent No.1-Commission has passed an interim order directing the petitioner- Institution to pay a sum of Rs.75,000/- as compensation to the victim on or before 20.10.2014. Being aggrieved by the same, the petitioner is before this Court.
3. Heard the learned counsel for the parties and perused the records.
4. In view of order passed by this Court in W.P.No.50410/2014 dated 18.2.2019, the impugned order dated 20.9.2014 passed by respondent No.1 vide Annexure-A is contrary to the provisions of the Commissions for Protection of Child Rights Act, 2005. Hence, the same is unsustainable.
5. Accordingly, the writ petition is allowed.
The order dated 20.9.2014 passed by the respondent No.1 vide Annexure-A in Case No.148/2014-15, is set aside. Respondent No.1 is directed to proceed with Case No.148/2014-15 in accordance with law and as per the relevant provisions of the Commissions for Protection of Child Rights Act, 2005.
Sd/- JUDGE DM