ITEM NO.37                 COURT NO.10               SECTION II

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS                      Petition(s) for Special Leave to Appeal (Crl) No(s).905/2007

(From the judgement and order dated 20/10/2005 in  CRLWP No. 1332/2003  of The HIGH COURT OF DELHI AT N. DELHI)

BALA                                                 Petitioner(s)                       VERSUS

NCT OF DELHI & ORS.                                  Respondent(s)

(With appln(s) for c/delay in filing SLP and office report )

Date: 23/01/2009  This Petition was called on for hearing today.

CORAM :         HON'BLE MR. JUSTICE LOKESHWAR SINGH PANTA         HON'BLE MR. JUSTICE B. SUDERSHAN REDDY

For Petitioner(s)                      Ms. Aishwarya Bhati,Adv.

Ms. Rekha Giri, Adv. Ms. Sweta Rani, Adv.

For Respondent(s) Mr. A.Sharan, ASG Ms. Savitri Pandey, Adv. Mr. Wasim Quadri, Adv. Ms. Anil Katiyar, Adv.

                    Mr. D.S. Mahra,Adv.

          UPON hearing counsel the Court made the following                                O R D E R  

Delay condoned.

Leave granted.

The appeal is allowed in terms of the signed order.

        (Sukhbir Paul Kaur)        (Vinod Kulvi)             Court Master                     Court Master

(Signed Order is placed on the file)

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.146  OF 2009 (Arising out of S.L.P.(CRL.) NO. 905 of 2007

Bala                         ..... Appellant

Versus

NCT of Delhi & Ors.                  ..... Respondents

O R D E R

Heard learned counsel for the parties.

Delay condoned.

Leave granted.

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.

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

   -2-

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.

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.

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The impugned judgment and order dated 20.10.2005 accordingly is  set

aside.

The appeal is allowed in the aforesaid terms.

........................J.                                   (Lokeshwar Singh Panta)

.......................J.                                    (B. Sudershan Reddy)

New Delhi, January 23, 2009.