The Madhya Pradesh High Court has barred educational institutions in the state from hiring drivers who have been fined for violations such as speeding, driving under the influence of alcohol, or engaging in dangerous driving.

This directive is part of a series of guidelines issued by the Court to enhance the safety of children traveling on school buses, as well as those belonging to coaching centers, sports academies, and local bodies.

The Court was addressing concerns raised after a tragic accident in 2018 involving a bus from Delhi Public School, Nipania, Indore, in which four students and the driver lost their lives. Following the accident, several parents approached the Court, seeking improved safety measures for school transportation.

The Division Bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi specified that school buses must be driven by individuals with permanent driving licenses and at least five years of experience in operating heavy vehicles. The Court said, “Such drivers will not be employed who have been challaned (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,”

In addition to these specific driver-related guidelines, the Court identified a significant gap in local regulations. While the Madhya Pradesh government had enacted laws in 2017 to regulate private school fees and related matters, no provisions existed concerning the management of school buses. The Court contrasted this with neighboring Chhattisgarh, where the state government had amended its Motor Vehicle Rules in 1994 to include special conditions for school bus permits. In response, the Madhya Pradesh High Court directed that similar conditions be introduced as guidelines until the state government takes legislative action to amend the M.P. Motor Vehicles Rules to address the issue of school buses.

The Court added, “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,”

The Court further mandated that schools appoint a designated vehicle in-charge responsible for ensuring safety protocols and overseeing the bus routes.

In an additional safety measure, the Court required schools to assign a teacher to travel with the students on the bus. The Court ordered, “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,”

Cause Title: Pramod Kumar v. Govt. of India & Ors., [2024:MPHC-IND:34320]

Appearance:

Respondents: Advocates Bhuwan Gautam, Vivek Patwa

Click here to read/download Order


Madhya Pradesh High CourtJustice Vivek RusiaJustice Binod Kumar Dwivedi

Suchita Shukla

Assistant Editor

Suchita Shukla is an Assistant Editor at Verdictum, with a strong foundation in legal research and writing, she brings over 4.5 years of experience to the table, having honed her skills in the dynamic field of law. She covers Supreme Court and High Courts. She completed her BA-LLB (Hons.) 5-year course with specialisation in Intellectual Property rights from Galgotias University. Since 2019, apart from having worked at a legal publishing house she has also ventured into legal journalism.