Pvt school buses to ply only after agreement: Bombay High Court

The Bombay High Court has asked state transport authorities to ensure that private vehicles ferrying school children are not allowed to ply if they do not have a standardised agreement with the school management in the coming academic year.

While hearing a public interest litigation, a division bench of Chief Justice Manjulla Chellur and Justice GS Kulkarni said, "We direct the concerned department to look into grievance raised in the matter
and to see that proper care and caution is exercised to avoid or to stop such vehicles which do not come within the Common Standard Agreement Guidelines."

To ferry school children, private vehicles, BEST buses, vans, etc have to enter into an agreement with the school management, which thus allows the authorities to grant them permits. As per a notification
issued recently issued by the Union Ministry of Road Transport and Highways, a school bus is defined as any vehicle carrying more than 13 children.

The petitioner PTA United Forum's advocates Rafeeq Peermohideen and Rama Subramaniam contended that the rule for issuing permits is not strictly implemented and thus safety of school children is being compromised.

Subramaniam said, "As per the agreement, the vehicles have to comply with various guidelines like having route map displayed, installing fire extinguisher, proper grills on windows, etc. These are not being followed by the offending vehicles, yet they continue to ferry children."

The advocates will soon be writing to the State Transport Commissioner, and will attach the High Court order, to ensure proper implementation, in the coming academic year.

The PIL seeks proper enforcement of the Maharashtra Motor Vehicles (Regulation of School Buses) Rules 2011, by Light Motor vehicles, BEST and MSRTC buses used for ferrying school children.

& Analysis 

Authorities ought to insist for execution of common service agreement between light motor vehicle operators and school authorities and insist on a copy of the same being furnished while applying for permit, as stipulated under Rule 7 (B) of the Maharashtra Motor Vehicles (Regulation of School Buses) Rules 2011.