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MUMBAI: The government should bring school buses under the ambit of essential services, the Bombay High Court said on Monday following the indefinite strike called by School Bus Owners' Association on Friday. A division bench of Chief Justice Mohit Shah and Justice Ranjit More was hearing a petition filed by NGO Forum for Fairness in Education, which had pleaded for the implementation of the Maharashtra Motor Vehicles (Regulations for school buses) Rules 2011 and the calling off of the strike. Additional government pleader G W Mattos said with the strike being called off the same day, the PIL had served its purpose and the case should be disposed of. The state laid down several conditions for buses ferrying schoolchildren, and on September 14, 2011, the education department reiterated that the norms had to be followed. Mattos said before issuing the GR, responses were sought from all parties concerned, including parent-teacher associations and bus owners. Following the bus owners' displeasure, a technical committee was formed. "The panel's report is now before the government for consideration," said Mattos. But Justice Shah said, "By the time a decision, they will give a second call for a strike." Bus owners' association's advocate V P Patil argued that the rules were never placed before the legislature as mandated under law. "They are illegal and cannot be enforced," he said. The judges concurred with him. To this, Mattos said they could be placed during the budget or the monsoon session. On hearing both sides, Justice Shah asked, "Why don't you include school buses under essential services?" Agreeing, Mattos said, "Then, they would come under ESMA (Essential Services Maintenance Act)." Justice Shah replied, "You can impound their buses (under ESMA)." To Patil's argument that the bus owners' association, which owns 4,000 school buses in the state, was not represented before the committee, the judges directed that before the state took a final decision on the panel's report, it should give it a hearing. They also directed that a decision should be taken by May 15 to enable bus owners effect changes in their vehicles before the next academic year. Patil also undertook that the association would not call another strike till the state takes a decision on its representation. |
| SOURCE: The Times of India |
