Kerala HC Prohibits Standing Passengers In Long-Distance-Luxury Buses Of KSRTC [Read Judgment]

It is ordered that the KSRTC shall be bound to comply with the second proviso to Rule 267 whereby they are prohibited to have standing passengers in luxury services, super deluxe services, super express services and super-fast services, the bench ruled.

The Kerala High Court has prohibited standing passengers in luxury services, and long-distance buses like super deluxe services, super express services and super-fast services operated by Kerala State Road Transport Corporation.

This order is on a writ petition filed by Centre for Consumer Education, which complained that the KSRTC is not complying with the proviso to Rule 267 of the Kerala Motor Vehicles Rules, 1989. The second proviso to Rule 267 provides that no standing passenger shall be allowed in luxury services, super deluxe services, super express services or super-fast services.

The petition also said the higher fare was allowed in these services when standing passengers prohibited from the service and the state had permitted the superclass service providers an extra fare compared to that of ordinary services to compensate the loss on account of prohibiting stage passengers.

“In the subsequent fare revision, the fares were increased disproportionately without considering the fact that the superclass service providers are permitting standing passengers. This revision becomes a device for profit making for them,” the petitioner urged before the court.

The KSRTC also does not have a case that the Rule permits them to have standing passengers in luxury services, super deluxe services or super-fast services, the bench headed by the Chief Justice Antony Dominic said while observing that the KSRTC shall be bound to comply with the second proviso to Rule 267.

However, the bench observed that this judgment shall be without prejudice to the right of the government to make appropriate modification to the Rules.

It is reported that the state government is considering filing of a review petition.