TAMIL NADU NURSERY, PRIMARY MATRICULATION & HIGHER SECONDARY SCHOOLS ASSOCIATION Vs. GOVERNMENT OF TAMIL NADU REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) These writ petitions are filed by the petitioner schools seeking for a declaration to declare Rules 4(2) to 4(5), 5, 6(5), 6(6), 6(11), 6(12), 8, 9, 10 and 11 of the Tamil Nadu Motor Vehicles (Regulation and Control of School Buses) Special Rules, 2012 issued in G.O.Ms.No.727, Home (Tr.VII) Department, dated 30.09.2012 as arbitrary, illegal, unconstitutional and ultra vires the provisions of the Motor Vehicles Act, 1988.

(2.) Brief facts which led to the framing of Special Rules by the State/Committee and the challenge made by the petitioners are as follows:-

(3.) The State Government has filed the counter-affidavit stating that the special rules are framed based on the provisions of the Motor Vehicles Act, 1988, Central Motor Vehicles Rules, 1989 and the Tamil Nadu Motor Vehicle Rules, 1989 and the guidelines of the Hon'ble Supreme Court and also the directions of this High Court. Before confirming the said special rules, the Government had issued a draft notification relating to the proposal in G.O.Ms.No.643, dt. 31.8.2012 inviting objections from persons likely to be affected. The Government received representations from the public making certain objections and suggestions to the draft rules. The Government have decided to overrule the objections/suggestions except the suggestions relating to the foot board and driver's cabin which were received in stipulated time. The Government has confirmed the draft on special rules in G.O.Ms.No.727, dt. 30.9.2012 and the same was published in the Gazette and came into force with effect from 1.10.2012.