Grills On Bus Windows, Ban On Employing Drivers With Speeding Challan: MP High Court Issues Guidelines For Safe Travel Of School Children

The Indore Bench of Madhya Pradesh High Court while deciding a batch of public interest litigation pleas issued comprehensive guidelines to be followed for safety and and protection of children traveling in school buses until the State Government amends the Madhya Pradesh Motor Vehicles Rules, 1994.

The guidelines includes that school buses will be painted in yellow, will have grills on windows, will have first aid kits and that none of these buses will be more than 12 years old. It also states that institutions shall not employ drivers who has been challaned "even once" for over speeding, drunken driving and dangerous driving.

A division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi with regard to the issue of framing of guidelines for safety measures to avoid such type of the incidents in future, the court observed that the State Government enacted Madhya Pradesh Niji Vidyalaya (Fees Tatha Sambandhit Vishayon Ka Viniyaman) Vidheyak, 2017 to regulate the fee structure and other related issues in respect of private schools in the State of Madhya Pradesh, in which there is no such provisions for control and management of school buses.

The court referred to the amended Chhattisgarh Motor Vehicle Rules, 1994 wherein Rules 76B and 76C were inserted in respect of the conditions for school bus permits and the conditions for permit of vehicles taken on hire by educational institutions for use as school bus. “However, in the State of Madhya Pradesh, no steps have been taken so far to amend local law i.e. the M.P. Motor Vehicles Rules, 1994,” the Court said.

Thus, the High Court in this regard decided to frame guidelines for the safety of children travelling in the buses belonging to the private and Government educational institutions, coaching centres, sports academy and local bodies etc. until the State Government makes provisions by way of amendments in the Madhya Pradesh Motor Vehicles Rules. The guidelines are as follows:

The following conditions shall be attached to every school bus Permit and every vehicle taken on hire by educational institutions for use as a school bus namely:

1. Each school bus shall be painted yellow colour and ''School Bus'' or ''On School Duty'' as the case may be written on the front and rear of the vehicle. The name, address and telephone/mobile number of the vehicle in charge of the school shall be written on a 09-inch board strip on the outer side of the school bus on both sides. Each school bus shall be painted yellow colour and ''School Bus'' or ''On School Duty'' as the case may be written on the front and rear of the vehicle. The name, address and telephone/mobile number of the vehicle in charge of the school shall be written on a 09-inch board strip on the outer side of the school bus on both sides.

2. The buses shall have a horizontal grill fitted on the windows.

3. Coloured films on glasses and curtains shall not be used on the windows of the school buses. Security glasses as provided in Rule 100 of the Motor Vehicle Rules, 1989 shall be used.

4. Each school bus shall have a first aid kit and fire extinguisher.

5. Each school bus shall have an attendant trained in first aid, safety of students and in dealing with emergencies who shall assist students in boarding and de-boarding.

6. The school buses shall be operated by drivers who have held permanent driving licenses and have a minimum of five years of experience in driving heavy vehicles.

Such drivers will not be employed who have been challanged (fined) on more than two occasions in one year for offences like violating the lane system violating signal lights or allowing an authorized person to enter. A driver who has been challaned even once for the offence of over speeding, drunken driving and dangerous driving shall not be employed. An affidavit to this effect shall be obtained by the educational institution from the driver of the vehicle

7. Other than students, the school bus is permitted to carry only guardians of students or teachers of educational institutions who may travel to check safety norms. No other person shall be allowed to travel in such buses.

8. Each school bus shall have space to keep school bags under the seat.

9. The school buses shall operate within the prescribed speed limit. Each bus shall be fitted with a speed governor.

10. Each school bus shall have an emergency door on the right side which shall be closed property and shall be opened only in emergency.

11. The doors of the school buses shall be fitted with a reliable locking system.

12. No pressure horn shall be fitted in school buses. During operation, at night the school buses shall have blue colour bulbs fitted inside.

13. The school buses shall be regularly maintained and cleaned.

14. For contract vehicles, a valid fitness certificate under Section 56 of the Motor Vehicles Act, 1988 (No.59 of 1988) shall have to be obtained.

15. Each school bus shall have a valid insurance certificate, pollution control certificate and certificate of payment of taxes.

16. No school bus shall be more than 12 years old.

Apart from the aforesaid conditions, following directions were also issued:

1. In the case of auto-rickshaws personally engaged in the transportation of students to schools, not more than four persons including the driver can be seated.

2. The Regional Transport Officer, Dy. SP / CSP Traffic of each and every district in the State shall be responsible for the proper implementation of the provisions of the Motor Vehicles Act, the M.P. Motor Vehicles Rules and the aforesaid guidelines.

3. Every Principal of Government and the management/owner of Private School management shall appoint/ nominate/ authorize any senior teacher/staff member as Vehicle Incharge to monitor the registration, condition, safety norms and route of the school buses and in case of any violation he/she shall be responsible along with the school management.

4. Every ''School Bus'' or ''On School Duty'' shall have a GPS tracking system and a CCTV camera so that the vehicle can be tracked and viewed by the parents through the mobile app.

5. Every school management shall depute a male/female teacher, as the case may be, who shall travel along with the students in the bus from the first till the last stoppage of the route.

6. There shall be regular medical check-ups for the drivers and conductors and also monitoring of their criminal activities.

The court thereafter, directed the Principal Secretary, State Education Department, Collector and Superintendent of Police of each and every District of the state of Madhya Pradesh to give due publicity to the aforesaid guidelines in all the schools providing transportation facilities to their students and said that they shall be responsible for strict compliance.

A series of petitions for public interest were filed after an unfortunate accident of a school bus belonging to Delhi Public School, Nipania which resulted in the death of four students and the driver in 2018. The police and local administration took action as per law against responsible persons but residents and portents approached the High Court by way of PILs with the intention of safety and protection of children traveling in school buses, seeking various reliefs by way of directions, 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.

Petitioners sought that some guidelines be framed by the High Court so as to avoid such types of incidents in future. Direction for compensation was also sought from the State Government as well as the school management for the families of the students who died in the accident. Whereas, in some petitions, directions were sought for the prosecution of school management.

Delhi Public School, Indore filed a reply that just and proper amount of compensation had already been paid to the wife of the deceased driver of the vehicle along with lifelong free education to their children. Further, Medical expenses of the injured persons and students had also been borne by the school management. Certain claims under the Motor Vehicle Acts, 1988 ('Act of 1988') are pending before the Tribunal.

In this regard, the court said that the issue of the appropriate amount of payment of compensation cannot be dealt in a public interest litigation. Therefore, people who have suffered injury or parents of deceased children may approach the Court to claim compensation from the respective respondents. “No general directions can be issued in the PIL for payment of fixed amount of compensation.”, the Court said.

Case Title: Pramod Kumar Versus Govt. Of India And Others

Writ Petition No. 606 of 2018

Citation: 2024 LiveLaw (MP) 317

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