One Seat Too Few: MP High Court Cracks Down on Bus Safety Norms

In a ruling blending permit disputes with a stern safety wake-up call, the High Court of Madhya Pradesh at Jabalpur led by Justice Vivek Jain on March 11 , 2026, dismissed a petition by Ram Milan Rai challenging the cancellation of his deluxe air-conditioned stage carriage bus permit. The State Transport Appellate Tribunal (STAT) had revoked it at the behest of rival operator Respondent No. 2, citing non-compliance with Madhya Pradesh Motor Vehicles Rules . Beyond upholding the order, the court issued landmark directions to Regional Transport Authorities (RTAs) statewide, targeting widespread safety lapses in buses.

Rival Operators Clash Over Route Dominance

The saga began with competing bids for a lucrative bus route permit. Petitioner Ram Milan Rai secured and lifted his permit on May 2, 2025 , following a grant order on April 29 . His rival, Respondent No. 2, had filed earlier, with a hearing on March 11 and grant on April 8 , but lifted it later on May 5 . The Regional Transport Authority initially favored Rai, but STAT intervened on revision, axing the permit primarily because Rai's bus boasted only 36 seats total —one short of the 35 passengers + 2 (driver and conductor) mandated for deluxe AC buses under Rule 77(1-A) of the 1994 MP Motor Vehicles Rules .

A secondary flashpoint: the bus's single entry-cum-exit door on the left side, flouting Rule 164 's requirement for separate entrance/exit doors on the left plus an emergency exit on the right or rear.

Petitioner's Stand: No Locus, No Fault

Rai's counsel, Ashish Rawat , fired on two fronts. First, locus standi : Respondent No. 2 wasn't a "rival route operator" when Rai lifted his permit on May 2, as the rival only activated theirs on May 5 . Thus, no standing to object or revise. Second, seating quibble : 36 seats suffice since conductors aren't always mandatory, and the registration certificate lists "36 in all."

Respondents, via Brajesh Kumar Dubey , countered fiercely: Timeline trumps—rival's application and grant predated Rai's, establishing rivalry by April 29 grant date. On specs, counsel Mayur Gulati for the State hammered Rule 77 's explicit "35+2" (post-2014 amendment including driver/conductor) and Rule 17(1)(xiii) barring drivers from plying sans conductor.

Court Sidesteps Locus, Zeroes in on Rule Violations

Justice Jain deemed locus "not so much relevant," piercing straight to statutory non-compliance. The registration's "36 (in all)" couldn't mask the shortfall: Rule 77 demands 37 total for deluxe AC stage carriages. "This is the minimum seating capacity as required," the court ruled, rejecting no-conductor claims. Rule 17(1)(xiii) mandates one, rendering solo-driver operation illegal.

On doors, the court noted the bus's lone left-side door but deferred full probe since STAT hadn't ruled on it. Still, it flagged Rule 164 's universality for public service vehicles—including stage carriages—exempting only small cabs or specific constructs, not tourist buses wholesale.

Drawing from the Motor Vehicles Act, 1988 ( Section 96(2)(xiv) empowers states on fittings), the bench distinguished vehicle types: stage carriages aren't tourist vehicles excused from dual doors.

Stark Safety Warnings That Echo Nationwide

"It is a very sorry state of affairs that many airconditioned buses, and even non-airconditioned luxury buses and sleeper buses, are not having two doors on left and an additional emergency door... A large number of lives and properties are being lost in fire accidents involving luxury buses is well known."

"The height of laxity is that the State has not ensured two gates on left side on almost any of the said vehicles, and permits are being issued indiscriminately."

"A single door seriously compromises lives and properties carried in buses at the time of accidents and fire incidents. This Court... is only reminding [the State] of the Rule framed by the State itself."

These observations, mirroring reports of systemic failures, underscore commercial shortcuts endangering passengers.

Permit Stays Scrapped, Safety Enforcement Ordered

The petition "fails and is dismissed"—no interference with STAT's cancellation. Broader impact: Under Article 227 supervisory powers, RTAs must probe pre-2012 registered stage carriages and tourist buses for Rule 164 violations. Non-compliant operations halt within 45 days until fixed. Affidavits from Transport top brass due; relist April 27, 2026 .

This could ground swathes of buses, forcing retrofits amid operator pushback on costs or conductor logistics. Yet, it prioritizes safety, potentially curbing fire tragedies and setting precedent for rigorous RTA scrutiny in permit grants.

(Case: Ram Milan Rai v. Regional Transport Authority & Ors; Neutral Citation 2026:MPHC-JBP:19581 )