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2004 Supreme(Online)(Ker) 1521

KERALA HIGH COURT
Dr. K. B. Muhamed Kutty, J
Calicut Islamic R. H. S. School v. STA


Advocates:
For the Appellants/Petitioners: Dr. K. B. Muhamed Kutty
For the Respondents: M. A. Fayaz

1Common questions are raised in these Writ Petitions and therefore, they are heard and disposed of by this common judgment.

2The petitioners are educational institutions. They own a few school buses, which are regularly operated for the conveyance of the students. Originally, no permit was necessary for using buses for carrying children to and from the educational institutions. Later, an amendment was introduced to the Motor Vehicles Act in the year 2000, making it obligatory to take permits for those buses also.

3The State Transport Authority, by a circular, formulated certain conditions to be attached to the permits of buses of the educational institutions. The said circular is produced as Ext. P1 in these Writ Petitions. These Writ Petitions are filed, challenging mainly, the said circular.

4WP (C) 14761/2004; Permits have been granted to the petitioner's school buses on 4.5.2004, relying on Ext. P1 circular. The conditions contained in Ext. P1 have been incorporated in those permits. Copies of those permits are produced as Ext. P2 series. The petitioner submits that Ext. P1 circular is ultra vires of S.67 and 72 of the Motor Vehicles Act , 1988. It is contended that none of the




































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