UPSC Aspirants' Death | Examine Coaching Centres' Issues On Pan India Basis, Delhi Mishap Can Happen Anywhere : Supreme Court To Centre

While hearing the suo motu case arising out of the tragic flooding incident at Old Rajinder Nagar, Delhi, in which 3 students lost their lives, the Supreme Court today suggested that the Union of India look at the issue from a pan-India perspective.

The matter was before a bench of Justices Surya Kant and Ujjal Bhuyan, which made the suggestion to Attorney General for India R Venkataramani, taking into account the latter's submission that a Committee has been constituted by the Home Ministry, Govt. of India to look into the Delhi incident.

To recap, the petition was filed by Coaching Federation of India against a Delhi High Court order of December 2023, wherein a slew of directions were issued to effectively regulate the exercise of inspection of all coaching centres.

Deeming it frivolous, the petition was dismissed by the top Court with a cost of Rs.1 lakh. However, it decided to take suo motu cognizance of the larger issue regarding the safety of coaching centres. Issuing notice, the Court asked the Union Government and the Delhi Government to demonstrate the safety norms prescribed and the effective mechanism introduced.

Today's hearing began with the counsel for petitioner-Federation informing the Court that cost of Rs.1 lakh has been deposited. Thereafter, the AG apprised that a Committee has been constituted by the government of India to look into the Old Rajinder Nagar incident.

Responding to the AG's submission, Justice Kant said, "The unfortunate incident happened in Delhi, but this problem can arise in [several parts]...in fact, in due course of time, we will ultimately have to address this issue...you might think of expanding this on pan-India basis".

The judge told the ASG that the Committee should address the issues from three perspectives - legislative, policy and administrative.

At one point, the AG remarked that "lack of vigilant enforcement is where everything goes wrong". However, Justice Kant underlined that deficiency in implementation can be looked at, provided the regulatory measures are sufficient in themselves.

"Provided your regulatory measures are well-placed, one can say that implementation deficiency is there...sometimes, whatever is being now suggested, the structures are not meant for this kind of activity...so obviously there is something lacking in regulations itself...for example, in residential areas, how can non-residential activities be allowed? That is the enforcement part."

Dictating the order, the judge recorded that the Committee has been constituted to look into:

(i) the causes of the unfortunate incident that happened in Old Rajinder Nagar, Delhi;

(ii) The persons responsible for the incident;

(iii) The measures to be taken for preventing such incidents in future;

(iv) The suitable modification of the policy regime and suggestions, if any, in that direction.

Notably, a counsel appearing for intervenors (residents of Old Rajinder Nagar) informed that the High Court constituted a Task Force of MCD and Fire Department, which had been filing status reports. But the Task Force is not continuing anymore, as the matter is sub-judice before the Supreme Court. It was prayed that the Task Force be directed to continue filing status reports.

Considering, the Court directed that the Task Force continue, notwithstanding the pendency of the present case.

Additionally, it called status reports from states of Haryana and Uttar Pradesh, directing them to state the measures taken to prevent incidents like the one that occurred in Delhi. Haryana and UP shall inform the Court of the legislative and policy measures taken by them, besides the regulatory mechanism to prevent such occurrences.

The Delhi Development Authority was also asked to respond on any action taken in this regard.

Further, it was directed that the states/UT of UP, Haryana and NCT of Delhi shall assist the Committee constituted by the government of India, "so that a uniform initiative can be taken in NCR for proper coordination among different agencies and the [development] authorities."

Lastly, Senior Advocate Siddharth Dave was appointed to assist as Amicus in the matter. While the court did not permit impleadment of any of the intervenors as parties, it allowed the father of a student-victim of the Old Rajinder Nagar incident to assist in the matter as an intervenor. The applicants were however given liberty to give their suggestions to the Committee through the office of the AG.

On his part, the AG assured that the Committee would submit the urgent, interim measures in 4 weeks.

Case Title: COACHING FEDERATION OF INDIA Versus GOVERNMENT OF NCT OF DELHI AND ORS., Diary No. 30149-2024

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