Delhi HC dismisses plea challenging order of NHRC awarding compensation to student beaten by principal
Nov 16, 2022
New Delhi [India], November 17 : The Delhi High Court on Wednesday dismissed a plea challenging the order of NHRC awarding a compensation of Rs 3 lakh to a student who was beaten by the school principal. The plea was moved by Kendriya Vidyalaya Sangathan.
Justice Yashwant Varma dismissed the plea and said that the court is unable to appreciate the challenge mounted by the petitioner school.
The court observed, "Undisputedly the incident occurred within the precincts of the petitioner institution. The principal was undoubtedly employed by the petitioner. It would thus be liable for all or any incidents concerning students that may take place within the precincts of that institution."
The court noted that the NHRC had taken cognizance of the incident in which a student of class 11 was forcibly taken out of the class in the presence of other students.
The petitioner submitted that it was the teacher who committed the act. Therefore he should be held liable personally and no liability can be fastened upon it for the incident.
The court was urged to consider the fact that the act was of such a nature that the principal could have been charged for the commission of offence under the Indian Penal Code (IPC).
While dismissing the plea the court said, "The mere fact that charges against the principal could have also been drawn under IPC wouldn't detract the power of the commission to award compensation."