Kerala High Court Stays GO Directing Release Of School Buses For 'Nava Kerala Yathra Program'

The Kerala High Court has stayed the State government's order directing headmasters to release school buses upon request of the organizing committees of Nava Kerala Yathra program.

Justice Devan Ramachandran issued the direction today in a plea filed by the parent of a 9th grade student averring that as per provisions of the Kerala Motor Vehicle Rules and the permit granted to school buses, such buses could only be used for transportation of students and for other educational purposes. 

Nava Kerala Yathra is a program envisaging direct interaction with the people and redressal of their grievances. Employees in public service and aided institutions are asked to participate in the program in the respective districts and ensure maximum participation of public, which has resulted in hidrance to the functioning of public offices, and educational institutions. 

The petitioner claims that the impugned order is without jurisdiction and contrary to the provisions of Kerala Motor Vehicle Rules, and that compliance of the same would affect the normal functioning of the school causing prejudice to the students.

"It is also understood that directions are given by the educational authorities to the schools that the teachers and staff shall attend the program without fail. Thus due to the conduct of the Nava Kerala Yathra program by the State Government, the functioning of the schools in the State are being affected and ultimately the students like the daughter of the petitioner are put to peril. The respondents 4 to 17 (State Education Department officers) who are bound to act for the best interest of the students and the schools are trying to implement Exhibit-P1 (State Government Order) and the other directions which are patently prejudicial in the educational institutions. The interference of this Court is therefore highly necessary," the plea reads. 

The plea has been moved through Advocate N. Anand. 

Case Title: Philip Joseph v. State of Kerala & Ors. 

Case Number: W.P.(C) 38552 OF 2023