Justice Ritu Bahri dismissed a writ petition challenging the imposition of a new condition on school bus permits requiring vehicles to be less than 15 years old, refusing an extension of time for compliance.
The application seeking extension of time to comply with the age condition for school buses was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.W.P. No.12611 of 2013
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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
C.W.P. No.12611 of 2013 Date of Decision:March 12, 2014
Gurwinder Singh and others .................... Petitioners
Versus
State of Punjab and others .................. Respondents
Coram: Hon'ble Ms. Justice Ritu Bahri
Present: Mr. Vaibhav Narang, Advocate for the petitioners.
Mr. Rupam Aggarwal, DAG, Punjab.
RITU BAHRI, J. (Oral)
The petitioners are seeking a writ of Mandamus directing the respondents not to wrongly impound their buses and provide them appropriate time to comply with the conditions which have been imposed on permit of educational institutions' vehicles vide letters dated 7.3.2013 (Annexure P1) and 14.3.2013 (Annexure P2).
An unfortunate incident took place at Jalandhar in which 14 casualties took place. A direction was given by the Kaur RupinderState of Punjab to issue necessary instructions that in future 2014.03.14 14:14 I attest to the accuracy and integrity of this document Chandigarh
C.W.P. No.12611 of 2013 [ 2 ]
such type of instances are prevented. The Inspector General of Police (Traffic), Punjab, Chandigarh, issued instructions dated 7.3.2013 (Annexure P1) with an attempt to curb the menace of over speeding, drunken driving and wrong lane driving. The Principals of the Schools were directed to be made personally responsible for erring Bus Conductors and Drivers. Similarly, instructions were issued on 14.3.2013 (Annexure P2) for strict implementation of Permit instructions with regard to School Buses. As per these instructions certain conditions were imposed on the Permits of Educational Institutes with regard to the experience of the Bus Driver as well as the Conductor. The buses should be kept pollution free and should not be driven for more than 50 kms. per hour. The buses must carry First Aid Box. The vehicle should not carry excess children and the Bus Driver and Conductor should wear some uniform along with route map on the bus. There were other conditions apart from the above.
The grievance of the petitioners is that one such condition is that School Bus must not be 15 years old. They are seeking extension of time as the School in question i.e. Guru Harkrishan Senior Secondary School, Malianwal, Gurdaspur would require some time to comply with the above stated condition.
On notice, reply has been filed by the State
Kaur Rupinder 2014.03.14 14:14 I attest to the accuracy and integrity of this document Chandigarh
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C.W.P. No.12611 of 2013
Transport Commissioner, Punjab, on behalf of respondents No. 1, 2 and 6. Reference has been made to the additional condition which has been imposed on the Permit of School Buses (Annexure R2). As per Annexure R2 a decision has been taken that a School Bus should not be more than 15 years old from the date of registration. While issuing a Permit to such a private service vehicle for School it should not have been converted from a truck or old bus into school bus. Hence, no converted bus should be approved for replacement. It was directed that the instructions be complied in letter and spirit. The object of these instructions is that the school children should not be made to travel in old converted buses keeping in view their safety. A sudden break down of such a bus could lead to a dangerous situation where the children along with their parents would have to face severe conditions such as accident etc.
As per the reply filed by DSP (Traffic), Gurdaspur, on behalf of respondent No.4, its duty is to maintain law and order and to enforce the instructions which have been issued on 7.3.2013 (Annexure P1) as well as to maintain the running of school buses as per said instructions.
After going through the written statements filed by the respondents, the object of issuing these instructions is to safeguard the interest of the school going children. These instructions were issued way back in the year 2008 and now
Kaur Rupinder 2014.03.14 14:14 I attest to the accuracy and integrity of this document Chandigarh
C.W.P. No.12611 of 2013
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almost more than 5-1/2 years have gone by and sufficient time has given to all the institutes to abandon their 15 years old buses and conform to the instructions dated 7.3.2013 (Annexure P1).
At this stage, no ground is made out for grant of extension in time to the petitioners to comply with the instructions dated 7.3.2013 (Annexure P1).
Dismissed.
( RITU BAHRI ) JUDGE
12.3.2014 rupi
Kaur Rupinder 2014.03.14 14:14 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether the petitioners are entitled to an extension of time to comply with the new condition requiring school buses to be under 15 years old.
Whether sufficient time has been provided under the 2008 instructions for educational institutions to abandon buses older than 15 years.
Gurwinder Singh and others
State of Punjab
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
