NSS - responsibility of safety
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 14.03.2023
PRONOUNCED ON : 23.03.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.2191 of 2015
1.V.Shanmugam (Deceased)
2.S.Sharmila
3.Divya Bharathi ... Petitioners
Vs.
1.Union of India
Rep by the Secretary
Ministry of Youth Affairs and Sport
10. In the case of Rajkot Municipal Corporation Vs. Manjulben
Jayantilal Nakum and Others, the hon'ble Supreme Court has dealt
elaborately regarding the principles in the matter of grant of compensation.
11. In the Kaushal Kishor case (cited supra), the Apex Court
elaborately considered the issues. Relying on the above judgments, the
learned counsel for the petitioners reiterated that the respondents are
estopped from shirking their responsibility and thus, the petitioner is
entitled for the compensation.
12. The learned Senior Central Government Panel Counsel appearing
on behalf of the 1
st
respondent objected the said contention by stating that
Coastal Clean-up Programme is a regular activity in NSS. The role of the
Government of India has been stated in the counter affidavit filed by the 1
st
respondent as under:
“a)National Service Scheme is a Voluntary Youth
Development Programme started in 1969, during the
Birth Centenary year of Father of the Nation Mahatma
Gandhi. The main objective of NSS is Personality
Development of Students through Community Service. It
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W.P.No.2191 of 2015
has been implemented in all the 29 States and 7 Union
Territories of our country. The overall aim of NSS is to
give an extension dimension to the Higher Education
System and orient the Student Youth for Community
Service while they study in Educational Institutions. It is
necessary to arouse social conscience among students
and to provide them an opportunity to work with the
people in the villages and slums. It is felt that their
interaction with the common villagers and slum dwellers
will expose them to the realities of life and bring about a
change in their social perception. NSS was started to
establish a meaningful linkage between the campus and
the community.
b) NSS activities have been divided into two major
groups. They are NSS REGULAR ACTIVITIES and
SPECIAL CAMPING PROGRAMMES. Under NSS
Regular Activities, students undertake various
programmes in the College/School Campuses, adopted
village and urban slums during weekends or after
college/school hours. Duration of these activities in 120
hours in a year. In the Special Camping Programmes,
students will take part in a Seven Day Camping
Programme on Community Development in an adopted
village or urban slum with some specific projects by
involving the local communities. One student will have to
work as a Volunteer for 240 hours of Regular Activities
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W.P.No.2191 of 2015
and one Special Camping Programmes of 7 day's
duration during the volunteership of 2 years. It is purely
voluntary in nature and there is no compulsion for the
students to mandatorily join NSS.
c) The NSS Programme was funded by the Govt. of
India and the State Governments in the ratio 7:5. The pro
rata grant for the NSS Regular Activities is Rs. 2501- per
Volunteer per annum. The pro rata grant for the Special
Camping Programme is Rs. 4501- per Volunteer in 2
years.
d) Ministry of Youth Affairs & Sports, Govt. of
India is the Nodal Ministry responsible for the
implementation of NSS in the country. At the National
Level, this Ministry has given the administrative
responsibility for the policy making, planning,
implementation and evaluation of the NSS Programmes.
For the administrative convenience, the Ministry has set
up 15 NSS Regional Directorates in the country for the
implementation of NSS in the Universities/ Colleges and
Directorates in liaison with the State Governments. There
is a Nodal Department in the State Govt. for looking after
NSS in the State. Under this Nodal Department, a State
NSS Cell headed by State Coordinator/State Liaison
Officer (SLO) is working at the State Level.
In addition to the NSS Regional Directorate and
State NSS Cells, Empanelled Training Institutes (ETIs are
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W.P.No.2191 of 2015
identified by the Ministry of Youth Affairs & Sports, Govt.
of India for imparting training to the Programme Officer
in NSS. Ultimately, NSS Programme is being
implemented through Educational Institutions affiliated
to various Universities and Directorates of Education in
a State.
e) Coastal Clean up Programme as a NSS Regular
Activity:
The Nodal Ministry, Ministry of Youth Affairs &
Sports, Govt. of India did not identify Coastal Clean-up
Programme as one of the mandatory Regular Activities
for NSS. There are specific NSS Regular Activities to be
implemented by the NSS Units of Educational
Institutions. Apart from specific and mandatory Regular
Activities the Universities and NSS units are free to
choose viable programmes for the community
development activities by involving NSS Volunteers for
the regular activities.
f) The Ministry does not have MOU or any
undertaking with the Indian Maritime Foundation (Reg.
Charitable Trust), 1/402 Gera Gardens, Koregaon Road,
Pune to organize Coastal Clean- up Programme in
association with NSS in the country. The NSS Cell of
Anna University, Chennai also is not responsible for a
Coastal Clean-up Programme jointly organized by the
Indian Maritime Foundation, Chennai Branch and the
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W.P.No.2191 of 2015
NSS Unit of Pallavan College of Engg.,
Thimmasamudram. The programme was purely planned
and executed by the NSS unit of the Institution and the
Indian Maritime Foudnation, Chennai Branch on
27.09.2014.
Government of India Guidelines for the NSS Activities:
The NSS was started to establish a meaningful
linkage between the campus and the community. The NSS
Volunteer, who is a College/+2 level student is the main
beneficiary of the programme by way of his/her
perception about the community. The NSS Programme
aims to make NSS student youth better citizens through
“Development of their Personality through Community
Service”.
1. Administration: Ministry of Youth Affairs and
Sports is the administrative Ministry for Finance
and for Policy matters.
(Page 37 of NSS Manual-Annexe-1)
2. Programme Adviser's Cell: For Programme
Planning, Implementation and Evaluation of NSS
Programme at National Level. (Page 38 of NSS
Manual-Annex.I)
3. State Advisory Committee: is responsible for
State Level Planning and Implementation of NSS
Programme. (Page 59 of NSS Manual-Annex. I)
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W.P.No.2191 of 2015
4. University Level Advisory Committee:
University Level Planning and Implementation is
to be taken care by this forum.(Page 61 of NSS
Manual-Annex. III)
5. College Level Advisory Committee: College
Level Planning and Implementation is taken care
by them.(Page 64 of NSS Manual-Annex.IV)
Regular Activity: A student enrolled as NSS
Volunteer will have to put in 120 hours of community
work during an academic year for a period of 2 years.
Under this, students undertake various programmes in
the adopted villages, college/School Campuses and urban
slums during weekends and after college hours. He/She is
likely to participate in different programmes and projects
under NSS as decided by University & College Level
Advisory Committee. (Page 12 to 17 of NSS ManualAnnex.V).”