Gauhati Transport Association and Another vs State of Assam and Others

K. Lahiri, A.C.J.

The Directive Principles are also fundamental. They can be effective If they are allowed to play their role to sub serve the common good. The Directive Principles together with the Fundamental Rights constitute the con-science of our Constitution, The purpose of the Directive Principles is to fix certain social and economic goals for immediate attainment of the welfare State contemplated by the Constitution. Through social revolution indicated in the Directive Principles the Constitution seeks to fulfill the basic needs of the common man and change the structure of our society. Without faithfully and religiously implementing the Directive Principles it would not be possible to achieve the welfare State contemplated by the Constitution. Fundamental Rights and Directive Principles form the core of our Constitution Together, they constitute its true conscience. The aim, object and purpose of the Directive Principles "should be properly appreciated and emphasized by all, but in particular it is the obligation of the State to secure social order to achieve the welfare Stain desired by the Constitution certain positive directions have been act out in Part-IV of the Constitution. The State is obligated under Article 39(e) to take care of health and strength of the tender aged children. Similarly, Clause (f) of Article 39 mandates that the children should be given opportunities and facilities to develop in healthy manner and in conditions of freedom and dignity and that the childhood and youth are to be protected against exploitation and against moral and material abandonment. The State is also enjoined by Article 41 of the constitution to provide education. Article 45 provides for free and compulsory education for children.

The City of Gauhati is expanding and it is a sight to see how fathers, mothers, guardians and. relation of the children get themselves busy for taking their children to School. In the after-noon those tired persons go from their offices or home to the School to bring back their children. Sometimes 2 to 3 children are carried in a two wheeler, lo rainy season, in summer or biting winter. All have been and noticed but they have taken these on the strides. No'' attempt has been made to take care of the school going children. No body thought about the plights of the parents and the guardians, their difficulties, sorrows, agonies and miseries.

It is heartening to note that the applicants have taken a stand, may be for their own children, however the method logy adopted might in the long run evolve certain better means to actualize better relief than they have asked for in this application. The applicants have done yeoman''s services to the future generations.

The applicants have prayed before this Court to give directions to the Assam State Transport Corporation to provide transport vehicles to carry their children from Bharalumukh Sluice Gate to Don Bosco Junior School, Panbazar and to bring them back home after the School is over.

It is reported that the State Transport Corporation have provided three special buses which run to end from Dispur to Don Bosco Junior School via Paltan Bazar, to and from Dispur to Don Bosco via Zoo Road and Chandmari and to and from Khanapeia to Don Bosco via Paltan Bazar, The Petitioners have approached the Assam State Transport Corporation authorities for placing one bus for the children from Bharalumukh Sluice Gate to Don Bosco Junior School so that the children might conveniently journey from their houses to the School and back home without taking any help from their guardians and parents. It was just a nominal request. It is a must. It is a constitutional obligation of the State to provide such transport facilities to the children. Learned Counsel present in the Court have stated in one voice that such transport facilities must be provided by the State. We are of the same view but add that pertain precautions should also be takes to see that the children travel safely and secondly. Some steward/stewardess or conductor should be there to take care and give attention to the school going children. We also feel that new buses should be provided. It is highly desirable that best of the buses should be provided to the children so that there may not be possibility of breakdown on the way creating problems to the guardians and parents.

We have heard Mr. P. Roy, learned Government Advocate who has very rightly conceded to the prayer of the applicants.

However, we have made certain restrictions and limitation in our order passed on 19.12.1984 in Misc. Case No. 631 of 1984 stemming from Civil Rule No. 600 of 1984, When the City Bus services have been taken over by the Assam State Transport Corporation it would not be difficult for "the Corporation'' to provide the best buses for School going children. Why not the Governments provide at least one steward/stawardess, or care-taker to look after the children while they travel to school and return home.

Upon bearing learned Counsel for both the sides we make the following order:

Notwithstanding the order dated 19.12.1984 in Misc. Case No. 631 of 1984 arising out of Civil Rule No. 600 of 1984 we direct the State Government that it would be open to the State Transport Authorities to permit one or more State Transport Vehicles to ply their buses in the limited route from Bharalumukh Sluice Gate to Don Bosco Junior School and back after the school period is over. When from such posh areas like Dispur, Khanapara, Chandneri and Zoo Road such services are provided to the children, there cannot be any alibi nor could there be any justification for making discrimination to the children of Bhatalumukh, We express that it is not only our mere, wish but something more, that the school going children get the facilities from the State. We hope and trust that without making any further delay the authority shall grant route permit to a few buses of the State Transport Corporation so that these may be plied from Bharalumukh Sluice Gate to Don Bosco Junior school and back, as prayed foe by the Petitioner. However, the School buses shall be exclusively reserved foe the school children of that particular school or nearby schools.

Mr. J.P. Bhattacharjee, learned Advocate General, Nagaland, appearing on behalf of the Corporation submits that he that instruct the Corporation to file an application for getting such permit/permits. We strongly desire that the application should be filed within a week from today and the permit should be granted within 12 days became the monsoon has set in.

We hope and expect that Mr. Roy, learned Government Advocate shall show his usual promptness in informing the appropriate authorities to do the needful for the good of the children who constitute our future generation.

With these observations, indications and directions the petition is accepted. This disposes of the Misc. Case.

Furnish a copy of this order to Dr. Sharma learned Counsel for the applicants, Mr. J.P. Bhattacharjee, learned Advocate General, Nagaland, who appears on behalf of the Assam State Transport Corporation and Mr. P.K. Roy learned Government Advocate, Assam.