IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA, BINOD KUMAR DWIVEDI
Pramod Kumar – Appellant
Versus
Govt. of India – Respondent
ORDER :
Vivek Rusia, J.
Since the issues involved in these cases are identical in nature, these petitions are heard analogously and are decided by this common order. For the sake of convenience, facts of Writ Petition No.606 of 2018 are being taken for disposal of all these writ petitions.
02. All these petitions are filed for the public interest after the unfortunate accident of a school bus bearing registration No. MP 09 FA 2029 belonging to Delhi Public School, Nipania, Indore. On 05.01.2018, after collecting students from school, the above bus met with an accident which resulted in the death of four students and the driver. The police and local administration took action as per law against responsible persons but residents and portents have approached this High Court by way of these PILs with the sole intention of the safety and protection of children traveling in school buses, they are seeking various reliefs by way of direction/directions, writ/writs from Union of India, State of Madhya Pradesh through Principal Secretary Home Department, Commissioner, Collector, Central Board of Secondary Education, M.P. Board of Secondary Education, Management of DPS Indore and Regional Transp
The court established that regulations must be framed to enforce safety measures for school transport, highlighting accountability in case of accidents under the Motor Vehicles Act, 1988.
Amendments to safety regulations for school transport are essential to prevent accidents involving children.
The court upholds the authority's power to impose safety conditions on school bus permits under the Motor Vehicles Act.
Educational institutions charging fees for student transport qualify as motor transport undertakings under the Motor Transport Workers Act, 1961, regardless of profit motive.
If any illegal or unauthorised constructions of the bus waiting shed are in existence, any action in this regard has to be taken by the first respondent.
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