IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 14119 of 2011(L) ---------------------------------------- PETITIONER(S): ------------------------ 1. DR.A. UNNIKRISHNAN , S/O.KRISHNAN NAIR (LATE) AGED 58 YEARS, PRINCIPAL, MALABAR B. ED.TRAINING COLLEGE, PERAVOOR. KANNUR DISTRICT. 2. RADHAKRISHNAN T.T, S/O.KUNHIKANNAN K., PRINCIPAL, CRESENT B. ED COLLEGE MADAYIPARA P.O., PAYANGADI, KANNUR DISTRICT. 3. DR.C.V. JAYASREE, D/O. C.C. GOVINDAN PRINCIPAL, S.U.M COLLEGE OF TEACHER EDUCATION P.O. MAMBA, KANNUR DISTRICT. 4. PROF. T.P. HAMEED S/O.MOOSANKUTTY, PRINCIPAL, KANNUR SALAFI B.ED COLLEGE, CHEKKIKKULAM, KANNUR DISTRICT. 5. DR.T.P. RAVI, PRINCIPAL, MAHATMA COLLEGE OF EDUCATION, NILESHWAR, KASARAGOD DISTRICT. 6. SOPHIAMMA M.V., D/O.M.M. VARKEY PRINCIPAL, ZAINAB MEMORIAL B.ED CENTRE CHERKALA NORTH, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): -------------------------- 1. KANNUR DISTRICT PRIVATE BUS OPERATORS ASSOCIATION, VALIYA VALAPPUKAVU, NEAR TO MALAYALA MANORAMA COMPLEX, KANNUR-2, RERPESENTED BY ITS PRESIDENT. WP(C).No. 14119 of 2011(L) 2. THE KERALA STATE BUS OWNERS FEDERATION KANNUR COMPLEX, COTTEX JUNCTION, KANNUR REPRESENTED BY ITS PRESIDENT, 670 001. 3. THE KASARAGOD TALUK BUS OWNERS ASSOCIATION, ANANKOOR, KASARAGOD P.O., REPRESENTED BY ITS PRESIDENT, 671 121. 4. THE HOSDURG TALUK BUS OWNERS ASSOCIATION, BEHIND BUS STAND KANHANGAD REPRESENTED BY ITS SECRETARY, 671 315. 5. THE REGIONAL TRANSPORT OFFICER, KANNUR-670 001. 6. THE REGIONAL TRANSPORT OFFICER, KASARAGOD-671 121. 7. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORTS, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 8. THE DISTRICT SUPERINTENDENT OF POLICE KANNUR-670 001. 9. THE DISTRICT SUPERINTENDENT OF POLICE KASARAGOD-671 121. * ADDL. R10 & R11 IMPLEADED ADDL. R10: V.J. SEBASTIAN, S/O.JOSEPH, AGED 68 YEARS, CHAIRMAN, KANNUR DISTRICT BUS OPERATORS CO-ORDINATION COMMITTEE, KANNUR. ADDL. R11: THE GENERAL SECRETARY, THALASSERY PRIVATE BUS OPERATORS ASSOCIATION, THALASSERY. * ADDL. R10 & R11 ARE IMPLEADED AS PER ORDER DATED 19/07/2011 IN I.A. NO.10155/2011. R5 TO R9 BY GOVT. PLEADER SMT.C.M. CHARISMA. R1, R3 & R4 BY ADV. SRI.P.DEEPAK. ADDL. R10 & R11 BY ADV. SRI.M.RAMESH CHANDER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 14119 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(MS) NO.11/2003/TRA. THIRUVANANTHAPURAM DATED 17/03/2003. EXT.P2: COPY OF THE STUDENTS IDENTITY CARD ISSUED BY THE STUDENTS TRAVEL FACILITY COMMITTEE, KASARAGOD DISTRICT TO SRI.SHYJISH, AS STUDENT OF MAHATMA COLLEGE. EXT.P3: COPY OF THE PETITION SUBMITTED BEFORE THE RESPONDENTS 8 & 9. RESPONDENT'S EXHIBITS: EXT.R10(a): COPY OF THE JUDGMENT IN O.P. NO. 23101/99 DATED 11/10/1999. //TRUE COPY// P.A. TO JUDGE rs PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.14119 of 2011 ------------------------------------------- Dated this the 19th day of July, 2011 J U D G M E N T ---------------------- Abdul Rehim, J. Petitioners are Principals of various Teachers Training Colleges in Kannur and Kasargod Districts. Relief sought for in this writ petition is for a declaration to the effect that, the students undergoing Teachers Training Course in the institutions of the petitioners are entitled to avail travel concession in private buses, by showing Identity Cards issued by the petitioners. The petitioners inter alia seek direction commanding respondents 8 and 9 to provide protection to the students to avail travel concession. 2. Respondents 1 to 4 are the representatives of the private bus owners in both the districts. It is stated in the writ petition that the academic year with respect to the Teachers Training course is from the month of October to November of the next year. Normally the institutions are W.P.(C).14119 of 2011 -2- issuing Identity Cards to the students for the purpose of availing travel concession. But the Bus Operators are denying such concession during the months of April and May on the pretext that the said period is vacation for other recognized institutions and alleging that the students of the petitioner's colleges are students studying in private institutions. But the petitioner's institutions are recognized institutions affiliated to various universities, and by virtue of Ext.P1 Government Order those students are entitled for travel concession. It is the grievance of the petitioners that respondents 1 to 4 are insisting for Identity Cards issued by the ‘Students Travel Facility Committee” of the respective districts. But the said committee is not issuing Identity Cards to the students of the petitioners’ institutions for any period beyond 31st March and as a consequence students are being denied of travel concession during the months of April and May. Eventhough respondents 8 and 9 were approached, they are not taking any effective steps. Hence, this writ petition is filed. W.P.(C).14119 of 2011 -3- 3. On the basis of direction issued by this court separate statements have been filed on behalf of respondents 5 and 6. In the statement filed on behalf of 5th respondents it is mentioned that as per G.O.No:851/90- PW&T dt.1.6.1990 the 'Students Travel Facility Committee' is constituted in every district, as the District Collector as Chairman and the Regional Transport Officer as convener. Superintendent of Police of the district concerned, DEO, representatives of Universities and representatives of Private Bus Operators Associations are members of such committee. Travel concession cards are being issued on production of Identity Cards issued by the Principals/ Management of the respective colleges. It is stated by the 5th respondent that the 'Students Travel Facility Committee' meeting held on 23.5.2011 had decided to allow concession to students studying in institutions of the petitioners, who are having classes during the summer vacation also. Since concession is allowed to such students during the entire period of the course, the Bus Operators associations are W.P.(C).14119 of 2011 -4- liable to allow travel concession to those students. It is stated that the 5th respondent had already issued necessary directions in this regard to the Bus Operators concerned. 4. The 6th respondent had also filed a statement more or less on identical terms wherein it is mentioned that the Bus Operators are liable to allow travel concession to the students for B.Ed. course during the months of April and May of every year. In an additional statement filed the 6th respondent it is mentioned that the Identity Cards were issued by respondents 3 and 4 only upto 3.3.2011 and necessary instruction have already been issued to respondents 3 and 4 to extend validity of such cards to the full period of the course. 5. The additional respondents 10 and 11, who got impleaded in this writ petition, are the representatives of the Bus Operators Association. Learned counsel appearing for respondents 1 to 4 as well as additional respondents 10 and 11 submitted that the Bus Operators are ready to provide travel concession to the students of the petitioners W.P.(C).14119 of 2011 -5- colleges even during the months of April and May subject to production of Identity Cards issued by the 'Students Travel Facility Committee'. According to them such Identity Cards will be issued on production of proper identification issued by Principals/Management of the respective institutions. 6. While considering the contentions as narrated above, we are of the opinion that the issue raised is not one coming within the purview of the relief of police protection. However, since allegation is raised with respect to violation of various Government Orders, we are considering the issue in exercise of the discretionary jurisdiction. It is evident that respondents 1 to 4 as well as 10 and 11 have conceded that they are ready and willing to abide by the instructions contained in the various Government Orders and that their members are ready to provide travel concession on the basis of Identity Cards issued by 'Students Travel Facility Committee'. The above submission is recorded. We take note of the fact that respondents 5 and 6 have also issued necessary directions to the representatives of the Bus W.P.(C).14119 of 2011 -6- Operators Association to provide such Identity Cards even during the months of April and May, on the basis of proper identification issued from the institutions. 7. Therefore, we do not think that any further direction is required in this writ petition. It is left open to the petitioners to raise complaint before appropriate authorities if there is any violation of the provisions contained in the relevant Government Orders. The writ petition is disposed of accordingly. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb