IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-03-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and W.M.P.Nos.1 & 1591 of 2013 Angammal Educational Trust, Rep. By Its Authorised Signatory, Elayampalayam 637 205, Tiruchengode, Namakkal District.

..Petitioner(s)

Vs

1. The Government of India, Rep. by its Secretary, Department of Road Transport and Highways, Ministry of Shipping, Road Transport and Highways, New Delhi.

2. National Highways Authority of India, Rep. by its Chairman, G5 & 6, Sector-10, Dwarka, New Delhi-110 075.

3. The Project Director, National Highways Authority of India, 212-3/D3-1, Sri Nagar Colony, Narasothipatti, Salem-636 004

4. M.V.R.Infrastructure and Tollways Pvt. Ltd, M.V.R.Toll Plaza, Kottagoundampatty, Omalur Taluk, Salem District-636 011.

5. Kumarapalayam Tollways Ltd, Kambuliyampatti Village, Vijayamangalam Post, Perundurai Taluk, Erode District.

..Respondent(s)

Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration declaring that the benefit of Paragraph 7(b)(ii) of the Notification of the 1st respondent in S.O.1178(E) dated 08.05.2009 published in the Extraordinary issue of Part II, Section 3, Sub- Section (ii) of the Gazette of India No.720 dated 8.5.2009 is available to all the “educational education buses” as defined in Section 2(11) of the Motor Vehicles Act and not only for ‘school buses’.

For Petitioner(s) : Mr.Kandhan Duraisami For Respondent(s) : N/R/N for R1 Mr.Su.Srinivasan, SC for R3 No appearance for R2 to 5 Mr.J.Kannan for R4

ORDER

This writ petition is filed to declare the benefit of Paragraph 7(b)(ii) of the Notification of the 1st respondent in S.O.1178(E) dated 08.05.2009 published in the Extraordinary issue of Part II, Section 3, Sub-Section (ii) of the Gazette of India No.720 dated 8.5.2009 is available to all the “educational education buses” as defined in Section 2(11) of the Motor Vehicles Act and not only for ‘school buses’.

2. The matter in this writ petition is no longer res-integra and the same is covered by the dictum laid down by the Division Bench of this Court in W.A.Nos.50 to 58 of 2013 etc., Batch dated 18.01.2024. The Division Bench of this Court while dealing with the same issue held as follows and for better appreciation, the relevant paragraphs are extracted hereunder:-

“2. That the appellants are the Educational Institutions that means Imparting Collegiate Education. The respondent National Highways Authority had issued a Circular giving the right of concession for the School buses run by various Educational Institutions i.e. School buses crossing the toll booths in the concerned area on monthly basis. However, such a concession has not been extended to the buses run by Educational Institutions that means Colleges Imparting Collegiate Education.

3. Therefore, that was questioned in the respective writ petitions as a discrimination between Schools and Colleges, where the respective learned Judges of the Writ Court had not accepted the plea raised by the Colleges who are the writ petitioners and therefore those writ petitions were dismissed, as against which, these appeals were filed. Some writ petitions also since have been filed for the same relief, have been tagged along with these writ appeals. That is how these writ appeals and writ petitions have come up before this Court.

4. Mr.Kandhan Duraisami, learned counsel appearing for the appellant Educational Institutions i.e. Colleges, have fairly submitted that, the similar issue arising out of the same Circular had already been considered by a Division Bench of this Court in the matter of Mahendra College of Engineering, Attur Main Road, Minnampalli, Salem and another Vs. The Government of India, represented by its Secretary, Department of Road Transport and Highways, Ministry of Shipping Road, Transport and Highways, New Delhi in W.A.No.560 of 2014 etc. batch, by judgment dated 25.04.2014. He has produced the copy of the said common judgment passed