Judgment : A.P. Lavande, J. Heard Mr. Sonak, learned Counsel for the petitioner, Ms. Mordekar, learned Addl. Govt. Advocate for respondents No. 1, 3, 4, and 7 and Mr. De Sa, learned Counsel for respondents No.2, 5 and 6. None for respondent No.8. 2. The petitioner is the father of late Master Astik Palyekar, who died in a tragic incident during an NSS Camp at Nanora, Valpoi, Goa on 29.10.2003. The petitioner's son who was studying in Std. XIIth in St. Francis Xavier Higher Secondary School, had gone with a group of students for NSS camp which was organized by respondent No.2 for 10 days, commencing from 27/10/2003. There were altogether 84 students, consisting of boys and girls. The students were accompanied by only two teachers, namely respondents No.5 and 6. It is the case of the petitioner that the petitioner had informed respondent No. 5 that his son was unable to swim and that care be taken to see that no harm was caused to him as a result of the same, since there was a river situated where the students were to camp. 3. On 29th October, 2003, at about 12.00 noon, some of the students at the camp entered the river for swim. Late Astik was forced by some of the students to enter the river, along with them. He did not know swimming. He died on account of drowning. Another student by name Master Mithun Toraskar also died on account of drowning. 4. Alleging negligence on the part of respondents No.2, 5 and 6, the petitioner filed the present petition, seeking several reliefs, including direction to investigate and prosecute respondents No.2, 5 and 6 under the Indian Penal Code. The petitioner also sought further direction, including direction to pay compensation. 5. Reliance has been placed by the petitioner on Circular dated 6th March, 2000, issued by the Directorate of Education, Panaji, Goa with regard to school excursions. It provides that the teacher-pupil ratio for any school excursions shall be 1:15 for Secondary Schools. However for the said camp although there were 84 students attending the camp, there were only two teachers and as such, the circular was clearly breached. Further, although the girls were part of the camp, there was no lady teacher accompanying the students. 6. It provides that the teacher-pupil ratio for any school excursions shall be 1:15 for Secondary Schools. However for the said camp although there were 84 students attending the camp, there were only two teachers and as such, the circular was clearly breached. Further, although the girls were part of the camp, there was no lady teacher accompanying the students. 6. Aggrieved by the negligence on the part of respondents No. 2, 5 and 6, the petitioner approached the school authorities to take necessary action. Since no action was taken by the school authorities against the school teachers, namely respondents No.5 and 6, the petitioner was constrained to file a police complaint on 3.11.2003 for necessary investigation into the matter. Though assurance was given by respondent No.4 that the matter would be investigated, no investigation was carried out in this regard. Thereafter, the petitioner made representation to the Hon'ble Chief Minister of Goa, to which a reply was received by the petitioner informing that the same was forwarded to the concerned Department. Thereafter, since no action was taken, the petitioner gave a legal notice 27th April, 2004 to the respondents to initiate investigation into the matter and take action against the responsible persons for the death of his son. Since no action was taken, the petitioner filed the present petition. 7. Replies have been filed on behalf of respondents No.2, 5 and 6, as also by respondent No.4. Affidavits in rejoinder have also been filed. 8. On 29th June, 2011, this Court directed respondent No.4 to hold an inquiry into the incident in which the petitioner's son and another student had died. Respondent No.4 was directed to submit a report within a period of three months from 11th July, 2011. The report dated 12th November, 2011 submitted by Dr. Susana de Sousa, Director of Sports & Youth Affairs, Ex-Officio Jt. Secretary to the Government of Goa, pursuant to the order passed by this Court, inter alia, states that both the students had disobeyed the instructions of the teachers and left the camp unauthorisedly. Subsequently, it was brought to the notice of this Court that respondent No.4 who had submitted the report had, herself, filed an affidavit-in-reply as the Director of Youth Affairs opposing the petition and, therefore, this Court thought it fit to hold a fresh inquiry into the matter. Subsequently, it was brought to the notice of this Court that respondent No.4 who had submitted the report had, herself, filed an affidavit-in-reply as the Director of Youth Affairs opposing the petition and, therefore, this Court thought it fit to hold a fresh inquiry into the matter. Consequently, by order dated 17th April, 2012, the Director, State Council of Educational Research and Training was directed to hold fresh inquiry. The Director inquired into the matter and submitted his report on 13th August, 2012. By the said report, the Director has opined that the inquiry could not establish any negligence on the part of respondents No.2, 5 and 6. 9. In view of the above, we are of the considered opinion that at this stage, we are not in a position to grant any of the reliefs sought for by the petitioner in this petition. No doubt, the deaths of the son of the petitioner and another student by name Master Mithun Toraskar was tragic. However, in the absence of specific findings establishing negligence on the part of the respondents No.2, 5 and 6, we are not in a position to grant any relief in favour of the petitioner. We are also unable to give any finding on the basis of the pleadings of the parties inasmuch as there are serious disputed questions of facts which, in our considered opinion, cannot be decided in the petition. In our opinion, having regard to the fact that the incident had occurred on 29.10.2003 and more than 9 years have passed from the date of the incident, no purpose would be served by directing fresh inquiry by any other authority. 10. As stated above, on the basis of the pleadings of the parties, we are not in a position to grant any of the reliefs sought for by the petitioner in the petition. However, on behalf of respondent No.2 it has been stated that respondent No.2 has decided to institute a cash prize and trophy in the memory of late Master Astik Palyenkar and late Master Mithun Toraskar, as the best sportspersons of the SFX Higher Secondary School, Siolim for every academic year, commencing from 2012 to 2013. The communication conveying the decision taken by respondent No.2 is placed on record. We appreciate the gesture on the part of respondent No.2 in this regard and accept the statement made in the communication. 11. The communication conveying the decision taken by respondent No.2 is placed on record. We appreciate the gesture on the part of respondent No.2 in this regard and accept the statement made in the communication. 11. In view of the above, the petition stands disposed of. Rule stands discharged. No order as to costs.