Bombay High Court Orders Mandatory Presence Of Medical Facilities In All Schools & Colleges Across Maharashtra

In a first, the Bombay High Court has ordered all educational institutions in Maharashtra to provide proper first aid and medical facilities for students and employees of the schools and colleges within the college premises, so as to provide immediate possible treatment in cases of emergencies.

A division bench of Justices Nitin Jamdar and Milind Sathaye noted that educational institutes in larger cities like Mumbai have a substantial strength of students and staff members, who spend a considerable portion of their day away from their homes.

"Medical emergencies can occur due to the commuting requirements (especially in Mumbai) and diverse activities within these institutions. While some institutions may have their arrangements or provide ad-hoc responses by transporting patients to the nearest hospital during emergencies, delays in timely medical treatment can lead to fatal results," the judges said.

The bench further said that relying solely on the ad-hoc responses for medical emergencies may be inadequate.

"A structured approach and mandates of law are required to ensure basic medical facilities are readily available on the premises. This necessitates directives from state authorities, with clear consequences for non-compliance, to ensure that educational institutes adhere to standards that deal with the medical emergencies of their students and staff," the judges said.

The bench noted that the State's Higher and Technical Education Department had issued a Circular on July 10, 2024 issuing certain directives to all the schools and colleges to follow. These include:

• Compulsory student insurance as per Government Resolutions dated 25 August 2011 and 16 October 2023.
• Each institute must establish a first aid cum sick room of at least 20 square meters equipped with immediate first aid facilities and ensure that first aid kits are readily available in all departments.
• Institutes are instructed to organise medical first aid training and annual medical examination camps for students and staff, with specific training in artificial respiration.
• Display boards listing ambulance services and nearby private hospitals must be prominently displayed on campus.
• To manage emergencies effectively, one or two designated coordinators are to be appointed and trained to coordinate with hospitals and facilitate student admissions during critical situations.
• The Institutes are required to establish collaborations with local doctors to provide on-call medical services, ensuring that doctors are available to respond promptly to student needs.
• Provisions for emergency vehicles should be made to facilitate the transportation of patients to hospitals when required.

"These directives apply to all educational Institutes under the Higher and Technical Education Department of the Government of Maharashtra. The Circular has been sent to non-agricultural universities, deemed universities, and other specified institutes for immediate compliance," the State informed the bench.

Taking note of the circular, the judges observed that students spend a significant portion of their time under the care of these institutes, and thus, it is incumbent upon them to take practical and feasible efforts in medical emergencies.

The bench noted that the circular of the State doesn't provide for any action against the educational institutes that would breach the said circular or would not comply with the same.

The bench therefore, issued a few directions for an effective compliance of the said Circular. These include:

• The Higher and Technical Education Department, Government of Maharashtra, will issue necessary instructions to all the educational Institutes covered by the Circular dated 10 July 2024 specifying the course of action within the bounds of law in case of failure to adhere to the directions in Circular dated 10 July 2024.
• The Higher and Technical Education Department will give wide publicity to the Circular dated 10 July 2024 through media, social media or on its website.
• The Higher and Technical Education Department will also provide a helpline number and social media presence so that the students, parents and staff members can point out the non supply of medical facilities as per the Circular dated 10 July
• 2024 in their educational Institutes.
• In light of the statement made by the Government Pleader that the Education Department, Government of Maharashtra, is in the process of issuing a circular similar as the Circular dated 10 July 2024 issued by the Higher and Technical Education Department. The Education Department bwill issue such a Circular within one month from today.
• The directions issued to the Higher and Technical Education Department as above will be applicable to the Education Department.

Background:

The directions came on a plea filed by a woman, whose daughter, was studying in the final year of her polytechnic college in Mumbai's Kandivali area. The girl collapsed in her classroom on February 22, 2016 and got her head hit on a bench. She fell unconscious and was rushed to a nearby hospital. However, there she was declared dead due to haemorrhage.

The deceased girl's mother pointed out that there were no medical or first aid facilities within the college premises and much time was consumed to rush the girl to the hospital from her classroom on the sixth floor of the college. Therefore, the woman in her plea urged a direction for providing at least basic medical facilities for students within school and college premises.

The college, however, refuted the allegations and informed the court that it already paid Rs 50,000 to the woman under its Mandatory Students Insurance Policy Scheme. Further, the college pointed out that it had paid Rs 1.30 lakh hospital charges for the treatment of the girl.

The High Court however, noted that similar proceedings filed by the woman before the State Human Rights Commission, were disposed of with certain findings in favour of the college.

Appearance:

Advocate Milind A Ingole appeared for the Petitioner.

Government Pleader Priyabhushan Kakade and Assistant Government Pleader TJ Kapre represented the State.

Senior Advocate Rajshekhar V Govilkar represented the State's Higher Education Board.

Advocates Mahendra M. Agavekar and.Shraddha Chavan appeared for the College. Advocate Jaydeep Deo was appointed as Amicus Curiae.

Case Details: Surekha Luxman Sonovane vs State of Maharashtra (WP/5257/2017)

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