The court emphasized the right of school children to travel safely in school buses and the corresponding obligation of school and state authorities to enforce the Motor Vehicles Act, 1988 to ensure the safety of students.

B.P. Katakey, J.

1. On the basis of the petition dated 8.3.1999 filed by some concerned citizens of the city of Guwahati, addressed to the Chief Justice, highlighting various risk factors involved in overloading of students in the school buses of different schools in the city of Guwahati, more particularly in South Point Montessory High School, as well as plying of unauthorized school buses without even making available the minimum safeguards for commuting students in such school buses, this public interest litigation has been registered.

2. We have heard Ms. Bhuyan, learned amicus curiae and also Ms. B. Goyal learned State counsel appearing on behalf of the State respondents. None appeared on behalf of the private respondent.

3. This court vide order dated 31.3.1999 directed the State respondents to file affidavit indicating the steps taken by the authorities concerned to check the problems being faced by the students of various schools while travelling in the school buses, in response to which the Commissioner of Transport as well as Superintendent of Police filed their affidavits in which they have more or less admitted that the buses, run by the South Point Montessory High School, are always over crowded and carried beyond the authorized capacity and stating that appropriate action would be initiated by the authorities.

4. Since such affidavits were filed in the year 1999, this court vide another order dated 5.5.2006 directed the Commissioner of Transport as well as Senior Superintendent of Police, Guwahati city, to file further affidavits in the matter relating to whether the said school is still adopting the same practice of overloading students in the bus. By the said order a further direction was issued to the said authorities to submit a comprehensive report to this court as regards the overloading of the buses, not only run by South Point Montessory High School, but also as regards the buses that are operated in the Guwahati city and the steps if any taken to prevent such overloading and indicating the details of cases, if any, already initiated by the transport department as well as by the police authorities during the years 2005 and 2006.

5. The Commissioner of Transport as well as the Senior Superintendent of Police, Kamrup (metropolitan), who were personally present before this court on 29.5.2006 were heard through their advocates. During the hearing it has been represented that the joint meeting of the transport department and the police authorities shall be held in due course and a comprehensive plan shall be drawn for taking necessary steps to prevent overloading of the buses plying in the city of Guwahati and the detail action plan shall be submitted to this court for its consideration. Accordingly, a meeting was conveyed by the authorities of various school and the office bearer of city bus association. Another joint meeting was held on 1.6.2006 convened by the Deputy Commissioner, Kamrup (metropolitan) Guwahati to discuss the matter relating to overloading of school buses and city buses of Guwahati, which has been duly recorded in the proceeding of this court dated 29.6.2006. The status report as regards the action taken submitted by the authority pursuant to the direction issued by this court reveals that after threadbare discussions a comprehensive plan has been drawn for taking necessary steps to prevent overloading of buses plying in the city of Guwahati details of which is an under:

(i) That the Superintendent of Police (Traffic), City, Guwahati and his team in close coordination with D.T.O., Enforcement shall make a survey of all the school buses operating within the district and ensure strict enforcement of all rules and regulations in force.

(ii) In case of violation detected in the buses strict action is to be taken which should normally be cancellation of permit.

(iii) All school authorities shall depute one responsible person to oversee and ensure that there is no overloading of any of the buses