The main legal point established in the judgment is the requirement for the State Government to demonstrate satisfaction and obtain an expert opinion before fixing the upper speed limit for vehicles used by educational institutions under the Motor Vehicles Act, 1988.

1. This writ petition has been filed to quash the Government Order, in G.O.(Ms) No.563, Home (Transport-V) Department, dated 10.6.2010.

2. The petitioner had raised various grounds while challenging the government order, in G.O.(Ms) No.563, Home (Transport-V) Department, dated 10.6.2010, stating that the fixing of the maximum speed limit of 50 kms. per hour for the vehicles used by educational institutions, under Section 112(2) of the Motor Vehicles Act, 1988, is arbitrary and invalid in the eye of law.

3. It has been stated that Section 112 (1) of the Motor Vehicles Act, 1988, states that no person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under the Act. It has been provided that the maximum speed shall, in no case, exceed the maximum fixed for any motor vehicle or class or description of motor vehicles, by the Central Government, by a notification in the official Gazette.

4. Section 112(2) of the Act, enables the State Government to fix the maximum speed or minimum speed for motor vehicles or any specified class or description of motor vehicles, either generally or in a particular area or of a particular road or roads, if it is satisfied that it is necessary to restrict the speed of such vehicles in the interest of public safety, convenience or due to the condition of any road or bridge. Such restrictions can be imposed by way of a notification in the official Gazette and by causing, placing or erecting such signs at suitable places, under Section 116 of the Act.

5. Even though it is clear that, for the exercising of such powers, the State Government should be satisfied that the restriction of the speed of the vehicles is necessary in the interest of public safety or convenience or the nature of the bridge or the road, from the impugned Government Order it cannot be seen that there was such satisfaction before the speed limit had been fixed by the State Government. Hence, the impugned order of the State Government is liable to be set aside.

6. It had also been stated that the State Government had requested the Government of India to consider the necessity of enhancing the maximum speed limit of 65 kms. per hour fixed by the Government of India, based on the report of the expert committee constituted by the State Government.

7. Even though the statistics relied on by the respondents, relating to the increase in the rate of accidents in the State of Tamilnadu may be true, it has to be noted that there are a number of contributory factors for such increase in the number of accidents. The reduction of the speed limit to 50 kms. per hour, in respect of medium and heavy motor vehicles, owned by educational institutions, by way of the fixing of the speed governors, cannot be a complete solution. Various aspects have to be studied and decisions should be taken, after obtaining the necessary suggestions from a committee of experts, who are well versed in the field.

8. It has been further stated that the respondents have made it clear that the road conditions in the State of Tamil Nadu are of a very high standard, as compared to a number of other states in India. Further, the vehicles used by the educational institutions for transporting the students are also efficient and the quality of the vehicles are of a high standard.

9. It is further submitted that the State Government had constituted an expert committee, which had recommended that a request may be made to the Government of India to increase the upper speed limit fixed by the Government of India, at 65 kms. per hour. While so, it is inappropriate for the State Government to fix an upper speed limit at 50 kms. per hour for medium and heavy motor vehicles used by educational institutions. There is no reasonable difference between the two classes of the motor vehicles created by the State Government, namely, the medium and heavy moto