The Bombay High Court on Wednesday questioned the stand of the Maharashtra government in allowing vehicles having a seating capacity of seven and more to ply as a school bus, contrary to the Central Motor Vehicle rules which have defined a school bus as a vehicle having a capacity of 13-plus seating capacity.
A division bench of Acting Chief Justice Naresh Patil and Justice Girish Kulkarni said: “This is not good and you (state) are in contrary to the law”. The observation was made after the court was informed that the Maharashtra Motor Vehicle Act, which the state government is relying on to push its claim of allowing lesser seating capacity vehicles, is yet to receive Presidential Assent.
Government Pleader Abinandan Vagyani informed the court that a proposal has been sent to the State Law and Judiciary department to study and opine on whether the government stand is contrary to the Central Motor Vehicle Act. Soon a meeting would be convened of transport officials to get clarity on the same. The court also asked the state government to continue its special drive to check violations in school buses.
Advocate Rama Subramaniam, appearing for NGO PTA United — which has sought directions to authorities seeking implementation of motor vehicle rules to ensure the safety of children during travel to and from the school, said, “The Central Motor vehicle Rules state that a school bus can be only which has a seating capacity of 13 and more. The Central rules will have to be followed by the state government. For the last two years, the government has been seeking clarification on the rules and not following them.”
Vagyani said State Motor Vehicle Rules, 2011, do not restrict small vehicles having to carry capacity of fewer than 13 passengers to ply as school buses. He claimed in several places or schools, a school bus is not economically feasible or the topography of the area is such that only smaller vehicles are convenient. The court has now asked the state government to clear its stand on the maintainability of the state rules, in two weeks' times.
