The Maharashtra government on Wednesday told the Bombay High Court that rules framed by it do not allow it to stop auto rickshaws and mini vans from being used as school buses. Only those vehicles which do not have appropriate permits will be liable to be taken action against. A special drive is on for this, the government added.
The government pleader Abhinandan Vagyani, appearing for the state, informed that State Motor Vehicle Rules of 2011 do not restrict small vehicles having carrying capacity of less than 13 passengers to ply as school buses. He claimed that in several places or schools, a school bus is not financially feasible or the topography of the area is such that only smaller vehicles are convenient.
However, advocate Rama Subramaniam, appearing for petitioners PTA United, which has sought directions to authorities seeking implementation of motor vehicle rules to ensure safety of children during travel to and from the school, said: "The Central Motor vehicle Rules state that a school bus can be only that vehicle which has seating capacity of 13 and more. The central rules will have to be followed by the state government."
A division bench of Acting Chief Justice Naresh Patil and Justice Girish Kulkarni asked the state to file an affidavit explaining if both the acts can be in force concurrently. The affidavit has to be filed after two weeks.
THE APPEAL
- Government pleader appearing for the state, informed that State Motor Vehicle Rules of 2011 do not restrict small vehicles having carrying capacity of less than 13 passengers to ply as school buses
- He claimed that in several places or schools, a school bus is not financially feasible or the topography of the area is such that only smaller vehicles are convenient
