M CHANDRASEKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Public Interest Litigation was preferred by the petitioner for issuance of writ of mandamus directing the respondents to ensure safety of the school children travelling by school vehicles by following the guidelines laid down by the Supreme Court in M. C. Mehta Vs. Union of india and others (1997) 8 S. C. C. Page 770. It was alleged that the actual working of the licensing procedures are lax, which is causing accident and punishment meted out even in the fatal accident is not deterrent enough. The schools do not take care to ensure that children studying in their schools and travelling by school buses safely board and alight to and from schools. The children in the Kinder Garden and standards 1 to 3 require special attention.

(2.) LEARNED counsel for the petitioner submitted that the Management of Schools are negligent in this regard and they should think their obligations to the students and parents does not extend beyond school hours. The drivers of the offending vehicles are able to get off with a fine of a couple of thousands and they obtain bails with ease. It was alleged that in spite of the decision rendered by the supreme Court in the case of M. C. Mehta supra, the direction therein has not been followed within the State of Tamil nadu.

(3.) ON 7th September, 2007, the Home Department, government of Tamil Nadu, was allowed time to file affidavit and state whether the decision of the Supreme Court rendered in the case of M. C. Mehta supra, has been implemented in the state of Tamil Nadu in its letter and spirit for the safety of the school children.