Partment, Chennai-9, and the Chief Engineer (Buildings), Chennai-5, Were Made Ex-Officio Members of the Panel
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CHAPTER I INTRODUCTION (Paragraphs 1 to 10) 1. The Tamil Nadu Government in G.O.Ms. 1179, Public (Law and Order-F), dated 20th July, 2004 appointed this Commission of Inquiry to inquire into the causes and circumstances leading to the fire accident that occurred in the premises of Sri Krishna Aided Primary School at Kasiraman Street, Kumbakonam, Thanjavur District, on 16.07.2004, under the Commissions of Inquiry Act, 1952. The notification was published in the Tamil Nadu Government Gazette Extraordinary dated July 20th, 2004. 2. The terms of reference of the Commission of Inquiry are as follows: (i) To inquire into the causes and circumstances leading to the fire accident that occurred in the premises of Sri Krishna School, Kumbakonam, Thanjavur District, on 16th July, 2004; (ii) To suggest all reform measures needed to ensure that such incidents do not recur. 3. The Commission was asked to complete its inquiry and submit its report, to the State Government, within a period of four months from the date of publication of the notification in the Tamil Nadu Government Gazette. (The G.O. is Annexure A-1 to this Report.) 4. In G.O.Ms.No.1180 Public (Law & Order-F) dated 20.07.2004 the Government directed the constitution of a Panel of Experts, to assist the Commission of Inquiry in going into all aspects of reforms, needed to prevent the recurrence of fire incidents in future, with a woman social worker with experience in education, an expert in fire safety and an eminent child psychologist. The Secretary to Government, Municipal Administration and Water Supply Department, Chennai-9, and the Chief Engineer (Buildings), Chennai-5, were made Ex-officio Members of the Panel. The Secretary to Government, School Education Department, Chennai-9, was made the Convenor of the Panel. (The G.O. is Annexure-2 to the Report.) 5. In G.O.Ms.1272 dated 16.08.2004, the Government directed that the following persons be appointed as Members of the Panel of Experts constituted in G.O.Ms.No.1180 – (i) Dr. Rani Kandhaswami, Former Principal, Lady Willington Institute of Advanced Studies in Education, Chennai(ii) Thiru S.K. Saxena, B.E. (Fire Engineering), Fire Officer, Madras Atomic Power Station, Kalpakkam, (iii) Thiru K. Vijayan, Institute of Mental Health, Chennai, and (iv) Thiru P.A. Annamalai, Retired Headmaster, Cheyyar, Tiruvannamalai District. The last named was later added to the Panel while settling the list. (The G.O. is Annexure-3 to this Report.) 6.The Commission assumed office on August 1, 2004. It visited the site of the accident on various dates, to have first hand knowledge of the situation of the school, to find out how the accident occurred. The Commission appointed Mr.N. 2 Chandrasekharan, Advocate, as its counsel to assist in the inquiry. It conducted enquiry at Thanjavur and at Chennai, marked documents and examined witnesses. 7.The details of the enquiry into the causes and the circumstances leading to the fire accident and the conclusion reached will form the first part of this Report. 8.The second limb of the terms of reference required extensive spot inspection of schools in the various districts in the State, to be made. The Commission had a comprehensive questionnaire prepared to be responded to, by the school managements in the State. At the request of the Commission, the Chief Educational Officers in the thirty districts, including Chennai, identified schools, which in their view were vulnerable. Between the first of November, 2004 and the 12th of March, 2005, the Commission along with the members of the panel constituted by the Government, visited 2661 schools all over the State. This number included schools within schools, recognized, unrecognized, permitted, not permitted, approved and unapproved. Some of them were merely seen, many visited and most of them inspected. The general inspection observations and the remedial steps to be taken are dealt with separately and will form the second part of this Report. 9.As it was not possible to complete the spot inspection of schools before the scheduled deadline, the Commission sought extension of time and the Government was pleased to extend time in G.O.Ms.No.1626, dated 17.11.2004 by four months. (The G.O. is Annexure A-4 to this report.) It became necessary to seek a further extension and the same was granted for a period of two months in G.O.Ms.No. 298, dated 18.03.2005, till 20.05.2005. (The G.O. is Annexure A-5 to this Report.) While preparing the report, further materials were required; some more persons from the Education Department had to be examined. Further time was sought and by G.O.Ms.No.501 dated 16.5.2005, the Government extended the time by four weeks from 20.5.2005. (The G.O. is Annexure A-6 to this Report.) There was further time needed. The Government extended time till 30.6.2006 in G.O.Ms.No. 618 ( The G.O. is Annexure A-7 to this Report.) 10.1.1.Advertisements were given in popular Tamil and English dailies calling for representations. The publications were effected in the following newspapers: The New Indian Express (Southern Editions) Daily Thanthi, Dinaboomi, Dr. Namathu MGR and Makkal Kural inviting all persons acquainted with the subject matter of enquiry to furnish to the Commission of Inquiry, affidavits duly sworn to containing a statement of facts relating to the Kumbakonam fire accident as to which the person concerned was competent to speak and depose giving particulars. It was also made known that the deponents would be required to appear before the Commission and give evidence. Time was also extended. 10.1.2. Some people responded with affidavits. They also appeared before the Commission and gave evidence. The Commission on its own invited eminent personalities in the fields of education and administration to share their thoughts. Some NGOs who had made independent investigations on the fire accident 3 forwarded their reports to the Commission. These statements, affidavits and reports are appended to the report. 10.1.3. The Commission also invited suggestions from the Officers of the Education Department such as the Chief Educational Officers, DEOs, DEEOs, correspondents and headmasters of the various institutions. They have also obliged the Commission with very valuable suggestions for preventing such accidents in future. The Commission has greatly benefited from the interaction with all the above personalities and the pertinent points have found their way into the report at the appropriate places. 4 CHAPTER II Part – I The causes and the circumstances leading to the fire accident - the oral and the documentary evidence (Paragraphs 1 to 272) 1. Let us now straightaway refer to the documentary and the oral evidence. Some people have filed affidavits and also given evidence. Exhibits C-1 to C-86 series and Exhibits P-1 to P-30 were marked, C.Ws.1 to 270 and P.Ws.1 to 18 were examined as witnesses. C series exhibits are set out as Annexure A-8, P series exhibits are set out as Annexure A-9, C.Ws. are listed in Annexure A-10 and P.Ws. are listed in Annexure A-11. Annexures A-12 to A-20 are respectively the following:- A-12. The list of teachers who were working in Sri Krishna Aided Primary School and Saraswathy Nursery and Primary School. A-13. Na.Ka.No.1387/AA2/2004 dated 16.7.2004 from the Assistant Elementary Educational Officer to the District Elementary Educational Officer Thanjavur giving particulars about Sri Krishna Aided Primary School. A-14. Attendance particulars of Sri Krishna Aided Primary School, Saraswathy Nursery and Primary School and Sri Krishna Girls High School. A-15. Students (Alive and Dead) who were in the thatched room classes. A-16. Abstract showing details of the deceased. A-17. List of students who were under the thatched room classes. A-18. List of the deceased. A-19. List of the injured. A-20. Table showing the students admitted in the various schools. (For the sake of convenience, the contents of the affidavits and the depositions of the persons concerned, wherever found necessary, are dealt with together and to the extent relevant, they are relied on in the Report) 2. T.V. Rajathi, who claimed to be a public figure and who had filed an affidavit Ex.C-1 has been examined as C.W.1. The Commission does not find anything material in her affidavit or evidence. 3. Palaniyappan of Tanjore has filed an affidavit marked as Ex.C-2 stating that suitable action should be taken against the management which used the school as a money earner, the teachers who ran away abandoning the children to die, the engineer who gave a false certificate and the officials who did not discharge their duties properly. When examined as C.W.2 he said that whatever he has stated in his affidavit Ex.C-2 could be treated as his evidence. 4.1.1Usha Rani, one of the teachers serving in the schools has filed an affidavit and the same has been marked as Ex.C-3. In that she has said: She saw the fire accident in person; she is the foster daughter of Sri Krishna Primary School manager Pulavar Palanichamy and correspondent Saraswathy; she is the brother’s daughter of Saraswathy; she joined as teacher in 1988; she did not know, what her salary was, as she was staying with the manager and the 5 correspondent and they were taking her salary and appropriating the same; as she was the only person receiving the salary from the government, they sold a portion of the property, where the school was situated, to her in 1992 to avail a loan; thereafter, they took her to the house building society for raising a loan and made her sign the documents; she did not