Kochi: Kerala High Court has stressed the importance of safety and welfare of children at the boarding schools. It observed that school authorities while accepting children is required to take all adequate and prudent steps for their well-being. They owe a duty to the child as well as the parents who repose faith in them, the court held, on an appeal filed by Dr Mathew George, SJ Hospital, Moolamattam, challenging an order of Sub Court, Thodupuzha. The lower court had found that there was negligence on the part of the doctor in the death of a student, Bineesh Rajan. The 12-year-old student of Jawahar Navodaya Vidyalaya, Kulamavu, Idukki, admitted there with jaundice died on July 1990.
"The child was away from the parents and was under the care and custody of the school. When he was sick and was on medical treatment, it could be nothing but negligence on the part of the school authorities to have omitted to take care of the child. When the child was running high temperature from July 12, 1990, the parents of the child were not informed by the school authorities. Even when a ward of the school was lying so sick, it appears that the nurse in the school was given leave." the court observed.
It pointed out that school authorities failed in their duty in taking proper care of the child entrusted to them by his parents. The school officials, refuting the claims, said as soon as it came to their notice that the child was suffering from fever, he was taken to the doctor and had followed his advice. The child was taken by his parents from their custody on July 16, 1990, and it was the mismanagement of the disease after that that caused the death. The court pointed out that though according to the school authorities there was a full-time nurse attached to the boarding, she had not been examined to prove that the child was fine on those two days.
