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Judgment
C.V. Nagarjuna Reddy, J.—The petitioners are licensed driving schools, which impart training to the persons learning driving of heavy motor vehicles. The State Government has issued Memo No. 6131/Tr.I(l)2012-2, Transport, Roads & Buildings (Tr.I), dated 01.02.2013, which has published the resolution of the State Transport Authority, Andhra Pradesh, Hyderabad, in the Andhra Pradesh Gazette No. 78, dated 04.02.2013, to be effective from 01.04.2013. A perusal of the contents of the said Gazette would disclose that the State Government has accorded concurrence under second proviso to Rule 397 of the Andhra Pradesh Motor Vehicle Rules, 1989 to the resolutions of the Regional Transport Authorities of 22 Districts named therein prohibiting the buses aged 15 years and above from plying by the Educational Institutions in the said Districts with effect from 01.04.2013. Purporting to follow the said Gazette notification, the Regional Transport Officers concerned have issued the impugned notices to the petitioners to stop plying the buses which are aged 15 years and more. Questioning the said notices, the petitioners filed these writ petitions.
Even though time has taken for filing counter-affidavits, no counter-affidavits have been filed.
At the hearing, the learned Government Pleader for Transport placed before me the judgment dated 29.11.2006 in Suo Motu W.P. No. 15591 of 2006, to which I am a party, wherein extensive directions were given on various aspects pertaining to measures to be taken for preventing accidents involving school buses. Direction No. (iv) reads as under:
No school, private or public shall be allowed to use vehicles of more than 15 years of age for transportation of children from the academic Session 2007-2008. This should be made applicable to all the schools in the State of Andhra Pradesh, so that they can make alternative arrangements for the Session 2007-2008. The Director of School Education should issue notice to all the Schools incorporating this direction.
In pursuance of the said judgment, the Regional Transport Authorities of various Districts have passed resolutions fixing the upper age limit as 15 years for plying the Educational Institution Buses and consequently the State Transport Authority has passed a resolution on 03.05.2007, which was published in Gazette No. 78, dated 04.02.2013, as referred to above.
From the background in which the above notification has been issued, it is evident that the upper age limit of 15 years for plying of the vehicles is prescribed only in respect of the Educational Institution Buses carrying school children for prevention of accidents. The petitioners, being driving schools which are not involved in carrying the children studying in the Educational Institutions but are being used only for the purpose of imparting training to the learners of driving heavy motor vehicles, cannot be treated as Educational Institutions and consequently the buses being used by them for imparting training in driving cannot be treated as Educational Institution Buses falling under the abovementioned notification. Therefore, the respondents cannot interfere with the right of the petitioners to ply the buses for the purpose of imparting training to the learners of heavy motor vehicle driving, applying the abovementioned notification. Mandamus therefore shall issue to the respondents as prayed for by the petitioners.
These writ petitions are accordingly disposed of. As a sequel to disposal of these writ petitions, WPMPs. pending, if any, in these writ petitions shall stand dismissed.