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.

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 Transport Officer as respondents. The reliefs claimed by the petitioners in their respective PILs are as under :

W.P.No. 606/2018

(1) Maintenance of the buses in the government and private schools.

(2) Seat belts in all seats.

(3) Children are not to be seated in the cabin.

(4) Respondents to frame rules for the safety of schools.

(5) Two female and two male attendants are appointed for the bus.

(6) Registration of criminal case against DPS.

(7) The matter be investigated through an independent agency.

(8) Not to run the old buses for more than 5 years.

(9) Control of the fee charged by the school.

(10) Alcoholic test of the driver and conductors from time to time.

W.P.No. 617/2018

(1) Cancellation of sanction/approvals/license of DPS.

(2) Enquiry and Punishment to responsible officers of respondents No. 1 to 4 and concerning staff of respondent No.5.

(3) Compensation of Rs. 20 lakhs to each of the parents whose child died and Rs. 15 lakhs to the injured children.

W.P.No. 631/2018

(1) Compensation.

(2) Treatment of injured children by the school management.

(3) Not to give buses on contract.

(4) Permission be granted to run the vehicle to a suitable driver.

(5) Regular check-up of school buses by the RTO.

(6) Only new buses be authorised from the RTO for transportation of the children.

(7) Registration of FIR against the respondent No. 1.

W.P.No. 856/2018

(1) Registration of FIR against the authorities.

W.P.No. 2472/2018

(1) Direction to respondent No. 1 to 4 for proper and regular supervision of the security provisions, driver and school bus.

(2) Issuance of license to qualified persons and assurance of fitness of vehicles which are used for transportation (respondents No. 3 and 4).

(3) To check the school bus function (respondents No. 5 and 6).

(4) Tight supervisory check-up on the institution having facility of school buses (respondents No. 7 and 8).

(5) Cancellation of license of driver driving improperly and cancellation of eligibility or registration of the school who have been found like subjected one.

(6) Registration of crime against the responsible persons.

W.P.No. 3979/2018

(1) FIR be registered against the Principal, Management and concerned government authorities.

(2) Respondents be directed to pay compensation to the families of the deceased driver, children and injured children.

(3) Directing respondents to raise the standard of government schools.

(4) Formulate a policy to cap the school fee.

(5) Directing the respondents to permit the school buses to ply in the BRTS.

(6) Fix the age limit of school buses to a maximum of 10 years and other passenger buses 15 years.

(7) Directing respondents to make a guideline for the ownership conditions to be fixed as first owners buses.

(8) Directing CBSE to take punitive measures for the violation of their guidelines dated February 2017.

(9) Di