M.Chandrasekar v. Union of India

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :09.10.2007CORAMTHE HONOURABLE MR. JUSTICE S.J.MUKHOPADHAYA andTHE HONOURABLE MR. JUSTICE N.PAUL VASANTHAKUMARWrit Petition No. 47114 of 2002andW.P.M.P.No.68327 of 2002M.Chandrasekar... Petitioner.Vs1. Union of India rep. by Secretary, Ministry of Surface Transport (Road Wing) New Delhi. 2. State of Tamil Nadu rep. by the Chief Secretary, Fort St. George, Chennai-9. 3. Principal, 'The Ashram', Metriculation Higher Secondary School, 99-A-110 Velacheri Road, Chennai-32.4. Commissioner of Police, Chennai-600 008.... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of Indiapraying for the issuance of a writ of Mandamus for the relief as statedtherein.For Petitioner : Mr.M.V.KrishnanFor Respondents : Mr.V.Bharathidasan, SCGSC, for R1 Mr.D.Sreenivasan, AGP, for R2 and R4O R D E R(Order of the Court was made by S.J.MUKHOPADHAYA,J.) This Public Interest Litigation was preferred by the petitionerfor issuance of writ of mandamus directing the respondents to ensuresafety of the school children travelling by school vehicles by followingthe guidelines laid down by the Supreme Court in M.C.Mehta Vs. Union ofIndia and others (1997) 8 S.C.C. Page 770. https://hcservices.ecourts.gov.in/hcservices/ It was alleged that the actual working of the licensing proceduresare lax, which is causing accident and punishment meted out even in thefatal accident is not deterrent enough. The schools do not take care toensure that children studying in their schools and travelling by schoolbuses safely board and alight to and from schools. The children in theKinder Garden and standards 1 to 3 require special attention.2. Learned counsel for the petitioner submitted that the Managementof Schools are negligent in this regard and they should think theirobligations to the students and parents does not extend beyond schoolhours. The drivers of the offending vehicles are able to get off with afine of a couple of thousands and they obtain bails with ease. It wasalleged that in spite of the decision rendered by the Supreme Court in thecase of M.C.Mehta supra, the direction therein has not been followedwithin the State of Tamil Nadu.3. On 7th September, 2007, the Home Department, Government of TamilNadu, was allowed time to file affidavit and state whether the decision ofthe Supreme Court rendered in the case of M.C.Mehta supra, has beenimplemented in the State of Tamil Nadu in its letter and spirit for thesafety of the school children.4. Pursuant to the said order, a Status Report was filed by the 2ndrespondent, wherein the following submissions have been made:-"4. As a first step, the Zonal Officers of theTransport Department have been asked to take necessarysteps as detailed below:-i.The Regional Transport Officers in their jurisdictionshall convene meeting wherein the Headmasters/Headmistresses/ Principals of the respective schools andcolleges should be invited so as to enable them toobserve the Directives of the Honourable Supreme Court'sdirections and implement them in letter and in spirit.iii.The Motor Vehicles Inspectors should see that theSupreme Court's Directives are scrupulously followed atthe time of granting/ renewing Fitness Certificates tothe Educational Institutions Vehicles and the RegionalTransport Officers should closely monitor this aspect.v.The Regional Transport Officers should frequentlyconduct special checks and book cases of overloadingin Educational Institution vehicles.5. Consequent on the convening of a Meeting with theofficials of Education, Transport, Police and with theHeadmasters of the leading schools in this State by theHon'ble Minister for Secondary School Education,Government of Tamil Nadu and also in order to implement https://hcservices.ecourts.gov.in/hcservices/ the Directives of the guidelines of the Honourable SupremeCourt of India and in order to avert accidents, thefollowing guidelines were issued by the TransportCommissioner, Chennai, to all the Officers of theTransport Department in letter No.18590/H3/2006 dated17.08.2006 which is annexed herewith. (Circular No.21 of2006).i.The checking officials of Transport Departmentshould conduct more number of effective checking ofschool/college vehicles plying over speedily.ii.Checking shall be conducted on over loading ofstudents exceeding the permitted capacity inAutorickshaws, Vans, Mini Buses and othercategories of vehicles without causing hindrancewith the functioning of the schools and they shallbe impounded wherever warranted.iv.The licences of the Drivers depending upon theirregularities shall either be suspended/revokeddeterrently.vi.Regional Transport Officers should take suitableaction for provision of Speed Breakers and SignBoards near the premises of the schools andcolleges.viii.The correspondents of schools and colleges andtheir drivers have to be issued with theinstructions wherever and whenever 'plying withoverspeed and negligence of driving' is noticed.Action shall be taken according to law against theerring drivers.x.All the vehicles belonging to EducationalInstitutions shall be prominently written with onthe back and front as 'Educational InstitutionVehicle' and shall be enforced by the checkingofficials of the Transport Department.xii.If the Educational Institution hires vehiclesthey shall be displayed prominently with 'On SchoolDuty' and shall be enforced by the checkingofficials of the Transport Department, at the timeof vehicles checking and at the time of renewal offitness certificate of such vehicles.xiv.First Aid Box should be provided in all theEducational Institution Vehicles and shall beensured by the field officers of the TransportDepartment. https://hcservices.ecourts.gov.in/hcservices/ xvi.Windows of Educational Institution Vehicles shallbe fitted with the Horizontal Grills.xviii.Fire Extinguishers shall be provided in allEducational Institution Vehicles and this should bewatched by the field officers of the TransportDepartment.xx.All vehicles shall be written with the school nameand telephone number and this shall be ensured bythe Transport Officials.xxii.Doors of the Educational Institution Vehiclesshall be fitted with reliable locking facilities.6. It has also been requested that the RegionalTransport Officers shall furnish copies of the aboveCircular to the District Collectors, Superintendents ofPolice, Revenue Divisional Officers, DeputySuperintendents of Police and also to widely publicisethe above issue through media such as Newspapers,Magazines, Pamphlets etc."6. Though the aforesaid submissions have been made in the StatusReport, but it appears that the concerned authorities have to comply withthe following observations of the Supreme Court rendered in M.C.Mehta -VS-Union of India and others reported in (1197) 8 Supreme Court Cases 770 :- "No bus belonging to or hired by an educationalinstitution shall be driven by a driver who has - less than ten years or experience;- been challenged more than twice for a minor traffic offence;- been charged for any offence relating to rash and negligent driving.All such drivers would be dressed in a distinctiveuniform, and all such buses shall carry a suitableinscription to indicate that they are in the duty of aneducational institution.To enforce these directions, flying squads made upof interdepartmental teams headed by an SDM shall beconstituted and they shall exercise powers underSection 207 as well as Section 84 of the Motor VehiclesAct. https://hcservices.ecourts.gov.in/hcservices/ The Government is directed to notify under Section86(4) the officers of the rank of AssistantCommissioners of Police or above so that these officersare also utilised for constituting the flying squads."7. In the facts and circumstances, we direct the respondents tocomply with the principles laid down by the Supreme Court in the case ofM.C.Mehta supra, in respect to School buses and the buses bearing theschool children in its letter and spirit. The checking of overloading,over-speeding, license of drivers and checking of drivers whether any ofthem is driving in intoxicated condition be made periodically not lessthan four times in a year. It will be duty of the Home Department,concerned authorities of Transport Department, Superintendents of Policeand other police officials of a District to comply with the directions ofthe Supreme court and of this Court in its letter and spirit. All theInstitutions will inform the gist of the Supreme Court's order anddirections of this Court by individual letter or by publication in threedaily widely circulated newspapers, two vernacular and one English.8. So far as the question whether the vehicles carrying schoolchildren should be provided with a particular colour to be determined bythe State, which may take appropriate decision within six weeks. If anyparticular colour is suggested by the State, they will notify and informit to all the schools in general. 9. If the order is violated or not complied with in letter andspirit, it will be open to the petitioner or any other party concerned tobring it to the notice of the Court. Let a copy of this order be handedover to the Counsel for the State for information to all officers. 10. The writ petition stands disposed of with aforesaid observationand directions. Connected W.P.M.P. is closed. However, there shall beno order as to costs. Sd/Asst.Registrar/true copy/Sub Asst.Registrarbs/To1. The Secretary, Union of India, Ministry of Surface Transport (Road Wing) New Delhi. https://hcservices.ecourts.gov.in/hcservices/

2. The Chief Secretary, State of Tamil Nadu, Fort St. George, Chennai-9. 3. The Commissioner of Police, Chennai-600 008.4. Mr.D.Srinivasan,Additional Government Pleader,High Court, Madras.1 cc To Mr.V.Bharathidasan, Advocate, SR.62527.1 cc To The Government Pleader, SR.62431.W.P.No.47114 Of 2002 JRG(CO)RVL 17.10.2007