Immediate Medical Assistance is Necessary for Students Spending Substantial Time on Campus: Bombay High Court

The Bombay High Court has mandated improved medical facilities in educational institutions throughout Maharashtra, stressing the critical need for immediate medical assistance on campuses. This directive came in response to a tragic incident involving a student's death, which raised serious concerns about the adequacy of medical provisions in educational institutes.

Surekha Luxman Sonovane filed a writ petition against the State of Maharashtra and several educational and medical institutions following the untimely death of her daughter, Tejuswini. A final-year diploma student at Thakur Polytechnic College, Kandivali, Tejuswini collapsed in her classroom on February 22, 2016, and succumbed to a hemorrhage after being transported to nearby hospitals. The petitioner alleged that the college lacked adequate medical facilities, which delayed critical care that might have saved her daughter's life. She sought stringent action against the educational institution and hospitals involved, alongside a compensation claim of Rs. 50 lakhs.

The court, presided over by Justices Nitin Jamdar and M.M. Sathaye, highlighted the significant role of educational institutes in ensuring the health and safety of their students. The judgment underscored that institutes, particularly in larger cities, must be equipped to handle medical emergencies due to the considerable amount of time students spend away from home.

"The issue raised by the Petitioner of providing first aid and medical facilities in educational Institutes such as polytechnics is of importance," the bench noted, emphasizing the necessity of structured medical arrangements rather than ad-hoc responses during emergencies​​.

The court acknowledged the State Government's powers to issue mandates to educational institutions. The directives were outlined in a circular issued by the Higher and Technical Education Department on July 10, 2024, requiring colleges to establish first aid cum sick rooms, ensure the availability of first aid kits, and organize medical training camps. Additionally, institutions must display emergency contact information and collaborate with local doctors for on-call services​​.

The court noted that the writ jurisdiction did not permit adjudication of disputed factual issues, such as determining the deceased's preexisting conditions or attributing negligence to the college or hospitals. These matters fall under tort law, and the court refrained from granting relief for damages within the writ petition​​.

The judgment stressed the need for monitoring compliance with the newly issued circular. It directed the Higher and Technical Education Department to specify consequences for non-compliance and establish mechanisms to ensure the effective implementation of medical facilities in educational institutes. A helpline and social media presence were also recommended to allow students, parents, and staff to report deficiencies directly to the authorities​​.

The Bombay High Court's directive marks a pivotal step toward ensuring the health and safety of students across Maharashtra. By mandating comprehensive medical facilities and structured emergency responses in educational institutions, the court has addressed a critical gap in the current system. This judgment is expected to set a precedent for similar cases, reinforcing the legal framework to protect students' well-being.

Date of Decision: July 12, 2024

Surekha Luxman Sonovane vs. State of Maharashtra