IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.16483 of 2008 Date of decision: 16th September, 2009 Shashi Bhushan Sharma … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE T.S. THAKUR HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. H.S. Pannu, Advocate for the petitioner. Mr. Rupinder Khosla, Additional Advocate General, Punjab for respondent No.1. Mr. Randhir Singh, Additional Advocate General, Haryana for respondent No.2. Mr. Harsh Aggarwal, Advocate for respondent No.4. KANWALJIT SINGH AHLUWALIA, J. Moved by the plight of a mother traveling in a bus, having 2 ½ years old baby in the lap and another child aged 8 years standing in the passage, the petitioner has approached this Court in public interest with a prayer that the children of the age between 3 to 12 years, who are issued half ticket by the passenger carrier bus, be provided full seat. The petitioner has impleaded three State Governments through their Secretaries (Transport) as respondents and has urged that the notice, displayed in writing in each bus, stating that half ticketed passenger is not entitled to seat, amounts to cruelty to the children, especially when seats are reserved for Members of Parliament, Members of Legislative Assembly, ladies and physically handicapped persons. Civil Writ Petition No. 16483 of 2008 The petitioner has pleaded that this Court should come to the rescue of a child, who is entitled to love and affection because of tender age and is made to stand in a bus. During the course of hearing, Pepsu Roadways Transport Corporation, through its Managing Director and Chandigarh Transport Undertaking were also impleaded as respondents. In the counter-affidavit filed to the writ petition, the Director, State Transport, Punjab Chandigarh submitted that in year 2002, instructions were issued to all the General Managers of Punjab Roadways to provide a seat to the children of the age between 3 to 12 years. A copy of the instructions is attached with the counter-affidavit as Annexure R-1. It is further pleaded that again these instructions, in year 2008, were renewed as a reminder calling upon all the officials of the Punjab Roadways that those children falling within the age of 3 to 12 years, who have purchased half ticket, be provided full seat. Another counter-affidavit was filed by the Secretary, Regional Transport Authority, Jalandhar, wherein it was stated that a notice was got published in Motor Transport Gazette (weekly), Chandigarh and Transport Times, Mohali, wherein it was specifically stated that full seat is to be provided to those children, who travel in bus and obtain half ticket. The Managing Director, Pepsu Roadways Transport Corporation stated that in view of Rule 146 (2) of the Punjab Motor Vehicles Rules, 1989, Government had issued instructions and the same were circulated vide letter dated 6th August, 1998, wherein a specific direction was given to all the employees that the note written in the buses that half ticketed passenger would not be entitled to any seat, is in violation of the above said provisions. 2 Civil Writ Petition No. 16483 of 2008 State of Haryana has placed on record a communication issued by the Financial Commissioner-cum-Principal Secretary, Government of Haryana, Department of Transport, to Advocate General, Haryana Chandigarh, wherein it was stated that a proposal has been prepared to issue notification for making provisions in the Haryana Motor Vehicles Rules, 1993 that “A child above the age of 3 years and less than 12 years having half ticket shall be provided a seat in the State Haryana Roadways Standard Buses as well as in the private buses under the control of State Transport Controller, Haryana”. It is stated that this notification has been approved by the Chief Minister but could not be issued due to commencement of model code of conduct. An assurance has been given that within two months, after the model code of conduct is lifted, necessary notification will be issued. It is stated that a request has been made to the Chief Electoral Officer, Elections Department, Haryana, Chandigarh for seeking the clearance from Hon’ble Election Commission for notifying the change in Rules. Existing rule 138 of the Haryana Motor Vehicles Rules, 1993 reads as under: “138. Limit of seating capacity. [Section 111 (2)(a)]. – (1) Notwithstanding anything contained in these rules, no public service vehicle other than a motor cab, shall be registered for a number of passengers in excess of the number obtained by subtracting 118 kilograms from the difference in kilograms between the registered laden and unladen weight of the vehicle and dividing the resulting figures by 160 in case of a single decked vehicle and 130 in the case of double decked vehicle or for such number of passenger that when the vehicle is loaded in normal manner the axle weight of any axle will not exceed the registered axle weight for that axle. 3 Civil Writ Petition No. 16483 of 2008 (2) In addition to the number of persons permitted to be carried in a public service vehicle, - (i) a child of not more than twelve years of age shall be reckoned as a half; and (ii) a child of not more than three years of age shall be reckoned.” It is proposed that now new Rule/ Section 138-A shall be added and the proposed Rule reads as under: “138-A A child above 3 years and less than 12 years having half ticket shall be provided a seat in the State Haryana Roadways Standard buses as well as in the private buses under the control of State Transport Controller, Haryana.” Rule 146 of the Punjab Motor Vehicles Rules, 1989 reads as under: “146. Limit of seating capacity. [Section 111]. – (1) Notwithstanding anything contained in these rules, no public service vehicle other than a motor cab, shall be registered for a number of passengers in excess of the number obtained by subtracting 118 kilogrammes from the difference in kilogrammes between the registered laden and unladen weight of the vehicle and dividing the resulting figures by 160 in the case of a single decked vehicle and 130 in the case of a double decked vehicle or for such number of passenger that when the vehicle is loaded in normal manner that axle weight of any axle will not exceed the registered axle weight for that axle. (2) In addition to the number of persons permitted to be carried in a public service vehicle, - (i) a child of not more than twelve years of age shall be reckoned as a half; and (ii) a child of not more than three years of age shall be reckoned.” 4 Civil Writ Petition No. 16483 of 2008 The State Transport Commissioner, Punjab, Chandigarh, on 6th August, 1998, issued a circular to Director, State Transport Punjab with a copy to the Managing Director, Pepsu Roadways Transport Corporation, Patiala and to all the Secretaries, Regional Transport Authorities, all the District Transport Officers and all the Motor Vehicles Inspectors. The operative portion of the circular reads as under: “2. The provision has been made for half seat under Rule 146(2) of Punjab Motor Vehicles Rules, 1989 for children of more than 3 years of age and below 12 years of age. Though this facility is not being provided to the children of this category. The note which is normally written in the buses that half ticket would not get any seat, is in violation of abovesaid provisions. You are requested that abovesaid Rules may be complied with.” Mr. Rupinder Khosla, appearing for the State of Punjab, had stated that thereafter on 29th April, 2002 and 16th October, 2008, further circulars had been issued by the Deputy Director, State Transport, Punjab on behalf of the State Government, wherein instructions had been given to all the concerned to provide a full seat to the half ticketed children. The operative portion of the circular issued on 29th April, 2002 reads as under: “2. You have been informed vide letter under reference that according to Rule 146(2) of Motor Vehicle Act, 1989, a provision has been made for a seat to children above 3 years and less than 12 years. You were directed that where it has been written in the buses for not providing a seat to the half ticket passenger, those must be deleted. It is also directed that for providing the seat to the half ticket passengers, it must be written in the buses and all the bus stands.” 5 Civil Writ Petition No. 16483 of 2008 The circular dated 16th October, 2008 reads as under: “2. According to the letter under reference a provision has been made for a seat to children above 3 years and less than 12 years vide Rule 146 (2) of Motor Vehicle Act, 1989. So it is again directed that strict instructions must be issued to all the staff to provide a seat to the children who are half ticketed. These instructions must be strictly complied with. In case of any negligence, a disciplinary action must be taken against him. Mr. Rupinder Khosla has further assured that as per the circulars, Rule will be amended and a provision will be made that the children of the age between 3 to 12 years, to whom half ticket is issued, are entitled to full seat. In view of the statement made by the counsel for the State, this Court had, on July 17, 2009, passed the following order: “In so far as the State of Punjab is concerned, Mr.Khosla submits that instructions have already been issued at the appropriate level to all the three R.T.A.s in the State that half ticketed passenger be also given a full seat in the transport vehicles. A copy of the said instructions has not however been placed on the record. In the notice marked Annexure R1/T, the RTA Patiala is directed to instruct the operational staff to obey the instructions strictly. That apart, the Rules need to be amended suitably as is proposed to be done in the State of Haryana to the effect that half ticketed passengers would also be entitled to a full seat. The State of Punjab, therefore, shall take up the matter and pass appropriate orders in this regard expeditiously but not later than six weeks from today. Instructions may also be issued to the concerned Transport Authorities as also the Transport Corporations and private bus operators to display the above instructions at a conspicuous place in the bus.” 6 Civil Writ Petition No. 16483 of 2008 Counsel for the State of Punjab and Haryana have made a statement that the instructions issued shall be strictly adhered to and half ticketed child will be provided a full seat. They have also assured that the process of amending the Rules is being followed in right earnest and till the Rules are amended, children of the age between 3 to 12 years, having half ticket, shall be provided full seat. Counsel for the petitioner has also expressed satisfaction. In these circumstances, all that we need to say is that in all the buses, operated in States of Punjab and Haryana, it shall be displayed in writing at a conspicuous place in the bus that half ticketed passenger will be entitled to full seat. In view of the statement made by the counsel for the States of Punjab and Haryana and the observations made above, present writ petition stands disposed of. There shall be no order as to the costs. [T. S. THAKUR] CHIEF JUSTICE [KANWALJIT SINGH AHLUWALIA] JUDGE September 16, 2009 rps 7