KERALA STATE ROAD TRANSPORT CORPORATION v. STATE COMMISSION FOR PROTECTION

disposed of within 30 days from the date of submission of the application. It is submitted that under the provisions of the Commission for Protection of Child Rights Act, 2005, the Commission can only make recommendations. It is submitted that the petitioner is a State Road Transport undertaking established under the Road Transport Corporations Act, 1950. It is submitted that Section 19 (d) of the Road Transport Corporations Act authorises the Road Transport Corporation to issue passes to its employees or other persons either free of cost or at a concessional rate and on such conditions it may W.P (C) No.37131/2017 -3- deem fit to impose. It is submitted that the State Road Transport Corporation has issued Ext.P9 order dated 18-01-2022 regarding the issuance of passes at concessional rates for disabled persons. It is submitted that in the light of the issuance of Ext.P9 it must be deemed that the recommendation of the State Commission for Protection of Child Rights has been duly complied with.

#3. The learned counsel appearing for the Commission would submit that notwithstanding the provisions contained in the Road Transport Corporations Act or in the Kerala State Right to Service Act, 2012, the provisions of the Protection of Child Rights Act, 2005 empowers the Commission to issue directions in the nature of the impugned directions. Specific reference is made in this regard to Section 13 (e) of the Commission for Protection of Child Rights Act, 2005. However, it is not disputed that the directions issued by the Commission are only recommendatory.

#4. Having heard the learned counsel for the petitioner and the learned counsel appearing for the Commission, I am of the view that since Ext.P3 order is only a recommendation and in the light of issuance of Ext.P9 order extending certain concessions to physically and mentally handicapped persons including children, the recommendations of the Commission appear to have been duly complied with by the petitioner Corporation. In terms of the provisions contained in Road Transport Corporations Act, the petitioner is authorised to fix its own policy regarding the issuance of free pass. Since W.P (C) No.37131/2017 -4- the petitioner Corporation has already exercised its discretion and has issued Ext.P9, it has to be held that the recommendations of the Commission have been duly complied with. Therefore this writ petition is closed observing that in the light of issuance of Ext.P9 order the recommendations of the Commission have been duly complied with and relieving the petitioner Corporation from any further obligation in terms of Ext.P3 order. AMG Sd/- GOPINATH P. JUDGE W.P (C) No.37131/2017 -5- APPENDIX OF WP(C) 37131/2017 PETITIONER EXHIBITS EXHIBIT P1. TRUE COPY OF THE COMPLAINT DATED 09.06.17 FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. EXHIBIT P2. TRUE COPY OF THE OBJECTION DATED 25.07.2017 FILED BY THE PETITIONER IN EXT.P1 COMPLAINT. EXHIBIT P3. TRUE COPY OF THE ORDER DATED 15.09.2017 PASSED BY THE 1ST RESPONDENT. EXHIBIT P4. TRUE COPY OF THE MEMORANDUM DATED 09.04.2013 ISSUED BY THE PETITIONER. EXHIBIT P5. TRUE COPY OF THE ORDER DATED 17.04.2008 ISSUED BY THE GOVERNMENT. EXHIBIT P6. TRUE COPY OF THE ORDER DATED 05.07.2008 ISSUED BY THE PETITIONER. EXHIBIT P7. TRUE COPY OF THE KERALA STATE RIGHT TO SERVICE ACT, 2012. EXHIBIT P8. TRUE COPY OF THE ORDER DATED 01.04.2013 ISSUED BY THE PETITIONER. Exhibit P9. TRUE COPY OF THE ORDER DATED 18.01.2022 ISSUED BY THE 1ST APPELLANT.