Madhya Pradesh High Court
Lakshya Chaitanya Women And Child … vs Home Department on 4 December, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2024:MPHC-IND:34320
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IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 4TH OF DECEMBER, 2024
WRIT PETITION No. 606 of 2018
PRAMOD KUMAR
Versus
GOVT. OF INDIA AND OTHERS
Appearance:
Shri Manish Yadav - Advocate for the petitioner.
Shri Amit Agrawal, learned Sr. Advocate assisted by Shri Arjun
Agrawal - Advocate for respondent No.8.
Shri Bhuwan Gautam - Government Advocate for the
respondent/State.
Shri Vivek Patwa - Advocate for respondent No. 9.
Shri R.S.Raghuvanshi - Advocate for respondent No. 7.
WITH
WRIT PETITION No. 617 of 2018
DHARMENDRA CHELAWAT
Versus
MINISTRY OF ROAD TRANSPORT AND OTHERS
Appearance:
None for the petitioner.
Shri Bhuwan Gautam - Government Advocate for the
respondent/State.
Shri Vivek Patwa - Advocate for respondents No.1 and 2.
Shri Amit Agrawal, learned Sr. Advocate assisted by Shri Arjun
Agrawal - Advocate for respondent No.5.
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 04-12-
2024 16:39:52
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WRIT PETITION No. 631 of 2018
SURAJ
Versus
DELHI PUBLIC SCHOOL AND OTHERS
Appearance:
None for the petitioner.
Shri Bhuwan Gautam - Government Advocate for the
respondent/State.
Shri Amit Agrawal, learned Sr. Advocate assisted by Shri Arjun
Agrawal - Advocate for respondent No.1.
Shri Vivek Patwa - Advocate for respondent No.2.
WRIT PETITION No. 856 of 2018
SAURABH MISHRA
Versus
DELHI PUBLIC SCHOOL (DPS) AND OTHERS
Appearance:
None for the petitioner.
Shri Bhuwan Gautam - Government Advocate for the
respondent/State.
Shri Amit Agrawal learned Sr. Advocate assisted by Shri Arjun
Agrawal - Advocate for respondents No.1 and 2.
Shri Vivek Patwa - Advocate for respondent No.4.
WRIT PETITION No. 2472 of 2018
VAIBHAV AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None for the petitioner.
Shri Bhuwan Gautam - Government Advocate for the respondent
No.3/State.
Shri Amit Agrawal learned Sr. Advocate assisted by Shri Arjun
Agrawal - Advocate for respondents No.5 and 6.
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 04-12-
2024 16:39:52
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WRIT PETITION No. 3979 of 2018
LAKSHYA CHAITANYA WOMEN AND CHILD WELFARE SOCIETY
THROUGH ABHA GUPTA
Versus
HOME DEPARTMENT AND OTHERS
Appearance:
Shri Manish Gupta - Advocate for the petitioner.
Shri Bhuwan Gautam - Government Advocate for the
respondent/State.
Shri Amit Agrawal, learned Sr. Advocate assisted by Shri Arjun
Agrawal - Advocate for respondent No.8.
Shri Vivek Patwa - Advocate for respondent No.2.
WRIT PETITION No. 7342 of 2018
MRS. VANDANA SHRIVASTAVA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None for the petitioner.
Shri Bhuwan Gautam - Government Advocate for the
respondent/State.
Shri Vivek Patwa - Advocate for respondent No.3.
Reserved on : 19.11.2024
Pronounced on : 04.12.2024
ORDER
Per: Justice Vivek Rusia
Since the issues involved in these cases are identical in nature,
these petitions are heard analogously and are decided by this common order.
For the sake of convenience, facts of Writ Petition No.606 of 2018 are being
taken for disposal of all these writ petitions.
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 04-12-
2024 16:39:52
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02. All these petitions are filed for the public interest after the
unfortunate accident of a school bus bearing registration No. MP 09 FA
2029 belonging to Delhi Public School, Nipania, Indore. On 05.01.2018,
after collecting students from school, the above bus met with an accident
which resulted in the death of four students and the driver. The police and
local administration took action as per law against responsible persons but
residents and portents have approached this High Court by way of these
PILs with the sole intention of the safety and protection of children
traveling in school buses, they are seeking various reliefs by way of
direction/directions, writ/writs from Union of India, State of Madhya
Pradesh through Principal Secretary Home Department, Commissioner,
Collector, Central Board of Secondary Education, M.P.Board of Secondary
Education, Management of DPS Indore and Regional Transport Officer as
respondents. The reliefs claimed by the petitioners in their respective PILs
are as under :
W.P.No. 606/2018
(1) Maintenance of the buses in the government and private schools.
(2) Seat belts in all seats.
(3) Children are not to be seated in the cabin.
(4) Respondents to frame rules for the safety of schools.
(5) Two female and two male attendants are appointed for the bus.
(6) Registration of criminal case against DPS.
(7) The matter be investigated through an independent agency.
(8) Not to run the old buses for more than 5 years.
(9) Control of the fee charged by the school.
(10) Alcoholic test of the driver and conductors from time to time.
W.P.No. 617/2018
(1) Cancellation of sanction/approvals/license of DPS.
(2) Enquiry and Punishment to responsible officers of respondents No. 1 to
4 and concerning staff of respondent No.5.
(3) Compensation of Rs. 20 lakhs to each of the parents whose child died
and Rs. 15 lakhs to the injured children.
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 04-12-
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W.P.No. 631/2018
(1) Compensation.
(2) Treatment of injured children by the school management.
(3) Not to give buses on contract.
(4) Permission be granted to run the vehicle to a suitable driver.
(5) Regular check-up of school buses by the RTO.
(6) Only new buses be authorised from the RTO for transportation of the
children.
(7) Registration of FIR against the respondent No. 1.
W.P.No. 856/2018
(1) Registration of FIR against the authorities.
W.P.No. 2472/2018
(1) Direction to respondent No. 1 to 4 for proper and regular supervision
of the security provisions, driver and school bus.
(2) Issuance of license to qualified persons and assurance of fitness of
vehicles which are used for transportation (respondents No. 3 and 4).
(3) To check the school bus function (respondents No. 5 and 6).
(4) Tight supervisory check-up on the institution having facility of school
buses (respondents No. 7 and 8).
(5) Cancellation of license of driver driving improperly and cancellation of
eligibility or registration of the school who have been found like
subjected one.
(6) Registration of crime against the responsible persons.
W.P.No. 3979/2018
(1) FIR be registered against the Principal, Management and concerned
government authorities.
(2) Respondents be directed to pay compensation to the families of the
deceased driver, children and injured children.
(3) Directing respondents to raise the standard of government schools.
(4) Formulate a policy to cap the school fee.
(5) Directing the respondents to permit the school buses to ply in the
BRTS.
(6) Fix the age limit of school buses to a maximum of 10 years and other
passenger buses 15 years.
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(7) Directing respondents to make a guideline for the ownership conditions
to be fixed as first owners buses.
(8) Directing CBSE to take punitive measures for the violation of their
guidelines dated February 2017.
(9) Directing respondents to issue similar CBSE guidelines as laid down
by the Hon’ble Apex Court in the matter of M.C. Mehta vs. Union of
India & Ors., AIR 1999 SC 301.
W.P.No. 7342/2018
(1) To take appropriate action implementation of guidelines of the Apex
Court as well as circulars and directives.
(2) Issuance of licence and certificate to the vehicles used for
transportation of children by the school.
(3) Direction to the respondents to formulate policy for regular monitoring
of buses and vans used for transportation of children.
03. Petitioners are seeking that some guidelines be framed by this
High Court so as to avoid such types of incidents in future. Direction for
compensation has also been sought from the State Government as well as
the school management for the families of the students who died in the
accident. Whereas, in some petitions, directions are being sought for the
prosecution of school management. We hereby appreciate the concern and
efforts of the writ petitioners.
04. So far as the direction to pay compensation is concerned, the
management of Delhi Public School, Indore came with a reply that a just
and proper amount of compensation had already been paid to the wife of the
deceased driver of the vehicle along with life long free education to their
children. Medical expenses of the injured persons and students had been
borne by the school management. Rs. 2,30,000/- has been paid to the
injured/family of the injured students. Regular salary is being paid to the
conductor to date along with Rs. 50,000/- for further treatment. Rs.
13,35,744/- has been paid for the treatment of the conductor so far. Certain
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 04-12-
2024 16:39:52
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claims under the Motor Vehicle Acts, 1988 (hereinafter referred to as the
‘Act of 1988’) are pending before the concerned Tribunal.
05. We are of the opinion that the issue of the appropriate amount
of payment of compensation cannot be decided in a public interest
litigation. Persons who have suffered injury or parents of deceased children
have a remedy to approach the Court to claim compensation from the
respective respondents. No general directions can be issued in the PIL for
payment of fixed amount of compensation.
06. The direction to prosecute the responsible authorities and
individuals is concerned, FIR has already been registered under Sections
304, 323, 325, 109, 188, 420, 467, 468, 471 and 120-B of the Indian Penal
Code and charge-sheet has been filed on 06.04.2018. Hence no direction is
required to be issued.
07. Now we will take up the main relief regarding framing of
guidelines for safety measures to avoid such type of the incidents in future.
The State Government enacted ”Madhya Pradesh Niji Vidyalaya (Fees Tatha
Sambandhit Vishayon Ka Viniyaman) Vidheyak, 2017” published in the
official Madhya Pradesh Gazette on 04.12.2017 in order to regulate the fee
structure and other related issues in respect of private schools in the State of
Madhya Pradesh, in which there is no such provisions for control and
management of school buses. The State of MP has also not made any
proviso in the Motor Vehicle Act and Rules made thereunder. Therefore the
petitioners have come up with various suggestions in their PIL for framing
guidelines to ensure that such unfortunate incidents can be avoided in
future.
08. The State of Chhattisgarh has already amended the
Chhattisgarh Motor Vehicle Rules, 1994 by inserting Rules 76B and 76C
in respect of the conditions for school bus permits and the conditions for
Signature Not Verified
Signed by: SREEVIDYA
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permit of vehicles taken on hire by educational institutions for use as school
bus. However, in the State of Madhya Pradesh, no steps have been taken so
far to amend local law i.e. the M.P. Motor Vehicles Rules, 1994. Rules 76B
and 76C of the Chhattisgarh Motor Vehicles Rules, 1994 are comprehensive
in nature and are reproduced hereunder :
”76-B. Conditions for school bus permit. – Subject to the provision
of sub-section (2) of Section 74 the following conditions shall be
attached to every school bus Permit, namely :
(1) Each bus shall be painted in yellow colour and ”School Bus”
shall be written on the front and rear of the vehicle under sub-
rule (5) of rule 114 of Chhattisgarh Motor Vehicle Rules, 1994.
The name, address and telephone/mobile number of the School
shall be written on a 09-inch board strip on the outer side of the
school bus on both sides.
(2) The buses shall have a horizontal grill fitted on the windows.
(3) Each school bus shall have a first aid kit and fire extinguisher.
(4) Each school bus shall have an attendant trained in first aid,
safety of students and in dealing with emergencies who shall
assist students in boarding and de-boarding.
(5) The school buses shall be operated by drivers who have held
permanent driving licenses and have a minimum of five years
of experience in driving heavy vehicles.
Such drivers will not be employed who have been challenged
on more than two occasions in one year for offences like
violating lane systems violating signal lights or allowing an
authorized person to enter. A driver who has been challenged
even once for the offence of over speeding, drunken driving
and dangerous driving shall not be employed. An affidavit to
this effect shall be obtained by the educational institution from
the driver of the vehicle.
(6) Other than students, the school bus is permitted to carry only
guardians of students or teachers of educational institutions
who may travel to check safety norms. No other person shall
be allowed to travel in such buses.
(7) Each school bus shall have space to keep school bags under the
seat.
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 04-12-
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(8) The school buses shall operate within the prescribed speed
limit. Each bus shall be fitted with a speed governor.
(9) Each school bus shall have an emergency door on the right side
which shall be closed property and shall be opened only in
emergency.
(10) The doors of the school buses shall be fitted with a reliable
locking system.
(11) Coloured films on glasses and curtains shall not be used on the
windows of the school buses. Security glasses as provided in
Rule 100 of the Motor Vehicle Rules, 1989 shall be used.
(12) No pressure horn shall be fitted in school buses. During
operation, at night the school buses shall have blue colour
bulbs fitted inside.
(13) The school buses shall be regularly maintained and cleaned.
(14) For contract vehicles, a valid fitness certificate under Section
56 of the Motor Vehicles Act, 1988 (No.59 of 1988) shall have
to be obtained.
(15) Each school bus shall have a valid insurance certificate,
pollution control certificate and certificate of payment of taxes.
(16) No school bus shall be more than 12 years old.
76-B. Conditions for permit of vehicles taken on hire by
educational institutions for use as a school bus – Subject to the
provisions of sub-section (2) of Section 74 the following conditions
for a permit shall be attached to every vehicle taken on hire by the
educational institution for use as a school bus, namely :
(1) ”On School Duty” shall be written in contrasting colours in
front and rear of each vehicle. The name and other details of
the vehicle owner and driver of such vehicles shall be given to
the police station having jurisdiction over the area where the
school is situated.
(1) The vehicles shall have a horizontal grill fitted on the
windows.
(2) Each vehicle shall have a first aid kit and fire extinguisher.
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(3) Each vehicle shall have an attendant trained in first aid, safety
of students and in dealing with emergency situations who will
assist students in boarding and de-boarding.
(4) The vehicles shall be operated by such drivers who have held
permanent driving licenses and have a minimum of five years
of experience in driving heavy vehicles.
Such drivers will not be employed who have been challenged
on one or more than two occasions in the year for offences like
violating lane system, violating signal lights or allowing an
authorized person to enter. A driver who has been challenged
even once for the offence of over speeding, drunken driving
and dangerous driving shall not be employed. An affidavit to
this effect shall be obtained by the educational institution from
the driver of the vehicle.
(5) Other than students, the vehicle is permitted to carry only
guardians of students or teachers of the educational institution
who may travel to check safety norms. No other person shall
be allowed to travel in such vehicles.
(6) Each vehicle shall have space to keep school bags under the
seat.
(7) The vehicles shall operate within the prescribed speed limit.
Each bus shall be fitted with a speed governor.
(8) Each vehicle shall have an emergency door on the right side
which shall be closed properly and shall be opened only in
emergency.
(9) The doors of the vehicles shall be fitted with a reliable locking
system.
(10) Coloured films on glasses and curtains shall not be used on the
windows of the vehicles. Security glasses as provided in Rule
100 of the Motor Vehicle Rules, 1989 shall be used.
(11) No pressure horn shall be fitted in the vehicle. During
operation at night the vehicles shall have blue colour bulbs
fitted inside.
(12) The vehicles shall be regularly maintained and cleaned.
(13) For contract vehicles, a valid fitness certificate under Section
56 of the Motor Vehicles Act, 1988 (No. 59 of 1988) shall have
to be obtained.
(14) Each vehicle shall have a valid insurance certificate, pollution
control certificate and certificate of payment of taxes.
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 04-12-
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(15) No vehicle shall be more than 12 years old.”
—————————————————————————–
09. Chapter – II of the Motor Vehicles Act, 1988 deals with the
licence of the driver of the motor vehicle. Chapter – VII deals with the
construction, equipment and maintenance of motor vehicles. Chapter – XI
deals with the insurance of motor vehicles against third-party risks.
Chapter – XIII deals with offences, penalties and procedures.
10. As per Definition 2 (40) of the Act of 1988, ”stage carriage”
means a motor vehicle constructed or adapted to carry more than six
passengers excluding the driver for hire or reward at separate fares paid by
or for individual passengers. As per Definition 2 (47) ”transport vehicle”
means a public service, a goods carriage, an educational institution bus or a
private service vehicle. Therefore, the educational institution bus is treated
as a ”transport vehicle” under the Act of 1988.
11. Chapter – IV (Sections 39 to 47) of the Act of 1988 deals with
the registration of motor vehicles by the concerned regional transportation
authority. Section 58 provides Special provisions regarding the registration
of transport vehicles in which the school buses have not been taken into
consideration as a special category in respect of safety majors to be taken
for the children. Section 59 provides the power to the central and state
Government to fix the age limit of motor vehicles having regard to the
public safety, convenience and objects of this Act, by issuing notification in
the official gazette. But no such notification has been issued for fixing the
age limit of the school buses.
12. Chapter – V deals with the control of transport vehicles
wherein also school buses have not been considered as a separate class of
transportation vehicles by any of the Government.
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13. In the State of MP in the exercise of powers conferred by
Sections 28, 38, 65, 95, 96, 107, 111, 138, 159, 176, 211 and 213 of the
Motor Vehicles Act, 1988, the M.P. Motor Vehicles Rules, 1994 (hereinafter
referred to as the ‘Rules of 1994’) are framed. Chapter – IV of these Rules
deals with the registration of motor vehicles. However, there is no specific
provision for registration, permit and special conditions for school buses, as
has been done by the State of Chhattisgarh.
14. Therefore, till the State Government makes provisions by way
of amendments in the Madhya Pradesh Motor Vehicles Rules, 1994 this
Court in exercise of powers conferred under Article 226 of the Constitution
of India, for the safety of children travelling in the buses belonging to the
private and Government educational institutions, coaching centers, sports
academy and local bodies etc. we deem it appropriate to frame following
guidelines:-
The following conditions shall be attached to every school bus
Permit and every vehicle taken on hire by educational institutions
for use as a school bus namely :
(1) Each school bus shall be painted yellow colour and ”School
Bus” or ”On School Duty” as the case may be written on the
front and rear of the vehicle. The name, address and
telephone/mobile number of the vehicle in charge of the school
shall be written on a 09-inch board strip on the outer side of the
school bus on both sides.
(2) The buses shall have a horizontal grill fitted on the windows.
(3) Coloured films on glasses and curtains shall not be used on the
windows of the school buses. Security glasses as provided in
Rule 100 of the Motor Vehicle Rules, 1989 shall be used.
(4) Each school bus shall have a first aid kit and fire extinguisher.
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 04-12-
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(5) Each school bus shall have an attendant trained in first aid,
safety of students and in dealing with emergencies who shall
assist students in boarding and de-boarding.
(6) The school buses shall be operated by drivers who have held
permanent driving licenses and have a minimum of five years
of experience in driving heavy vehicles.
Such drivers will not be employed who have been challaned
(fined) on more than two occasions in one year for offences
like violating the lane system violating signal lights or
allowing an authorized person to enter. A driver who has been
challaned even once for the offence of over speeding, drunken
driving and dangerous driving shall not be employed. An
affidavit to this effect shall be obtained by the educational
institution from the driver of the vehicle.
(7) Other than students, the school bus is permitted to carry only
guardians of students or teachers of educational institutions
who may travel to check safety norms. No other person shall
be allowed to travel in such buses.
(8) Each school bus shall have space to keep school bags under the
seat.
(9) The school buses shall operate within the prescribed speed
limit. Each bus shall be fitted with a speed governor.
(10) Each school bus shall have an emergency door on the right side
which shall be closed property and shall be opened only in
emergency.
(11) The doors of the school buses shall be fitted with a reliable
locking system.
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 04-12-
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(12) No pressure horn shall be fitted in school buses. During
operation, at night the school buses shall have blue colour
bulbs fitted inside.
(13) The school buses shall be regularly maintained and cleaned.
(14) For contract vehicles, a valid fitness certificate under Section
56 of the Motor Vehicles Act, 1988 (No.59 of 1988) shall have
to be obtained.
(15) Each school bus shall have a valid insurance certificate,
pollution control certificate and certificate of payment of taxes.
(16) No school bus shall be more than 12 years old.
15. Apart from the aforesaid conditions, we also issue the
following directions :
(1) In the case of auto-rickshaws personally engaged in the
transportation of students to schools, not more than four
persons including the driver can be seated.
(2) The Regional Transport Officer, Dy. SP / CSP Traffic of each
and every district in the State shall be responsible for the
proper implementation of the provisions of the Motor Vehicles
Act, the M.P. Motor Vehicles Rules and the aforesaid
guidelines.
(3) Every Principal of Government and the management/owner of
Private School management shall appoint/ nominate/ authorize
any senior teacher/staff member as Vehicle Incharge to
monitor the registration, condition, safety norms and route of
the school buses and in case of any violation he/she shall be
responsible along with the school management.
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(4) Every ”School Bus” or ”On School Duty” shall have a GPS
tracking system and a CCTV camera so that the vehicle can be
tracked and viewed by the parents through the mobile app.
(5) Every school management shall depute a male/female teacher,
as the case may be, who shall travel along with the students in
the bus from the first till the last stoppage of the route.
(6) There shall be regular medical check-ups for the drivers and
conductors and also monitoring of their criminal activities.
16. The Principal Secretary, State Education Department, Collector
and Superintendent of Police of each and every District of the state of
Madhya Pradesh shall give due publicity to the aforesaid guidelines /
directions in all the schools providing transportation facilities to their
students and they shall be responsible for strict compliance.
17. The above guidelines shall remain in operation till the
Government of Madhya Pradesh examines and make provisions in the M.P.
Motor Vehicles Rules, 1994.
18. With the aforesaid directions, these petitions stand disposed of.
19. Let a copy of this order be placed in the record of the
connected writ petitions.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
vidya
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 04-12-
2024 16:39:52