Chaitanya Mahila Kalashala vs Katta Prabhakar

THOUGH parents, aspirants of better academic career, got Kumari Katta Suhasini, their daughter, admitted in Chaitanya Coaching Centre, Vijayawada for long term Medical Coaching in EAMCET 2001 on 19.7.2000 it went eventful, as it seems, she having suffered inexplicable emotional crisis under intense stress and strain having gone in deep gloom, getting scared of hectic schedule of management which she appeared to have not coped with, and getting unsecured, only after stay of about fortnight in her hostel was found hanged by ceiling fan. As Suhasini did not continue well with Coaching Centre either for hectic College schedule or having suffered home sickness always aspiring to have company of her family members and to leave the Institute, made correspondences and even telephonic calls to her father to take her back from the Institute. Though father responded to her to know welfare of his daughter, came to coaching Institute, but he was not permitted to meet the ward. Even correspondences made by ward of the Institute was being screened before these were mailed to the addressee and ex facie there always remained a communication gap between parents and ward for exchange of their feeling and emotions. This vacuum generated frustration in Suhasini who in extreme manifestation of such depression, acute anxiety, and with host of complaints against management eventually committed suicide to alienate herself from a suffocating atmosphere during her stay with the management. This depression explicitly gets manifestation in her letter which she wrote to her father, extracts of which are given below, on 21.7.2000: "I am extremely unhappy with this atmosphere. On Sundays 11-5 are the visiting hours and you must definitely come and see my plight. I have been suffering from fever and I am told the doctor will visit now and then. If you come, you can also consult the doctor. You must definitely come this Sunday since I am not able to continue in this atmosphere and I feel like ending my life. We are made to study from 6 to 11 p.m. in the night without break. We are not even permitted for our personal conveniences and the atmosphere is unfavourable. I am not able to cope up with this atmosphere and study."

She ended the letter stating that "she is unable to continue in that atmosphere and that she has been getting typhoid fever."

IT was on 30.7.2000 that when father came to Vijayawada to know about welfare of his daughter who was staying in hostel of the Institute, allegedly he did not get entry in College premises. As father alleged, it was only at 5.00 p.m. on 5.8.2000 fateful day that when father was waiting to get positive response from management of the Institute to get entry in the College to see his ward, that he noticed a police vehicle coming inside premises. Shortly, he could learn about death of his daughter in hostel.

POLICE cases were instituted both by management of Coaching Institute and also the father. Father depressed with inhuman atmosphere in the Institute, it seems also took recourse to public authorities including police and the Human Rights Commission. Relevant for our purpose is also the finding of the Hon''ble High Court, where Hon''ble Court in Writ Petition No. 18666 of 2000 while dismissing writ made following observations: "We have perused the counter-affidavits filed by the Management-respondents 1 to 4 as well as by the 5th respondent. The Sub-Inspector of Police has examined as many as seven important witnesses including the father of the deceased, viz., the petitioner herein. No suspicion was found by the petitioner. The post-mortem report was also obtained and it was certified that the deceased died due to hanging. A case has already been registered on the complaint of the 3rd respondent. Thus there is no evidence of any ill-treatment or harassment by respondents 1 to 4 as alleged by the petitioner herein. We have also perused the letter dated 21.7.2000 written by the deceased girl to her father-petitioner herein, in which it was stated that she was quite unwilling to take the coaching and dropped the letter to the petitioner, but the petitioner did not respond. The deceased ultimately stayed in the hostel over a fortnight. She has committed suicide and no foul-play can be suspected in the matter as per the investigation. In view of this, we are of the opinion that the investigation carried out in the incident of the death of the petitioner''s daughter does not reveal any ill-treatment or harassment by respondents 1 to 4. The allegation made by the petitioner is without any basis. Accordingly, the writ petition is dismissed. No costs."

HOLDING that there was no evidence of any ill-treatment or harassment by respondent Nos. 1 to 4 as alleged by petitioner herein and also that no foul-play can be suspected in the matter, suffice to say that aforesaid observations were made by Hon''ble Court on strength of investigation made by police agency. In this context, we would also like to refer counter-affidavit filed on behalf of Assistant Commissioner of Police, Vijayawada before Hon''ble High Court disowning accusation about hostile atmosphere of the Coaching Institute. After father of deceased Suhasini leaving all hopes to get redressal of his grievance, took recourse to consumer grievance redressal agency, filing a complaint with State Commission seeking host of relief including grant of adequate compensation, State Commission on evaluation of pleadings of the parties and regard being had to the correspondences made by Suhasini to her father, and also finding of inquiry committee constituted by Government in the matter awarded compensation of Rs. 5,00,000 against petitioner along with litigation cost of Rs. 5,000 (reported as 2006 CTJ 1052 (CP). The finding so recorded by State Commission came to be challenged before the National Commission by aggrieved Institute. It seems that during pendency of the proceeding the coaching Institute in pursuance of an interim order of this Commission made deposit of Rs. 2,00,000 and also sought permission of Commission to put on record additional evidence, which were affidavits of some class-mates of Suhasini, affidavits of incharge of Institute and also of its Director. Be that as it may these evidences sought to be put on record, now, cannot be taken notice of, there being no evidence about such permission having been accorded by Commission.

THE tragic end of Suhasini under intense strain and stress and emotional crisis, we feel was valuable loss to the parents, which cannot be evaluated in terms of monetary compensation, but as things are, it has to be evaluated divorced of emotional perception. Though petitioner Institute had been negating un-screening of correspondences mailed and received by Institute by wards and from parents, in fact the inquiry committee found these accusations to be true and also made a number .of recommendations. We are also not oblivious to the fact that in quick succession there had been three tragic incidents of commission of suicide by students which itself speak a volume about something going wrong with Coaching Institute which drove students to wriggle out of their emotional crisis even alienating themselves, but much leaves to be desired to grant relief sought particularly in view of negation of accusation of ill-treatment or harassment allegedly meted out to Suhasini by Coaching Institute and that apart no foul play being suspected in sad episode of Suhasini. If we go by finding of the National Commission in First Appeal No. 61 of 2002, P. Srinivasulu v. Dr. P.J. Alexander and Anr., First Appeal No. 89 of 2002, Ch. Raj Kishore v. Dr. P.J. Alexander and Anr., and First Appeal No. 103 of 2002, S. Parvathy v. Dr. P.J. Alexander and Anr., National Commission is not expected to go against the law laid down by High Court within sphere of its jurisdiction. Since, the ground on which relief was sought by respondent in complaint was ill-treatment and harassment meted out to deceased Suhasini which was negated by Hon''ble Court in writ, we find ourself left with no option, but to allow this revision, and set aside finding of the State Commission, which we appreciate, has been nicely put in words. No order as to cost. Revision allowed.