IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE23D DAY OF JANUARY20153RD MAGHA, 1936 WP(C).No. 20695 of 2014 (J) ---------------------------- PETITIONER(S)/PETITIONERS:-: --------------------------------------------- 1. VATAKARA TALUK PRIVATE BUS OPERATORS ASSOCIATION REPRESENTED BY THE GENERAL SECRETARY GOPALAN NAMBIAR K.K.
2. P.K.PAVITHRAN, PULICKOL THAZHAKUZHIYIL HOUSE, VATAKARA. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S)/RESPONDENTS:-: ---------------------------------------------------- 1. THE REGIONAL TRANSPORT OFFICER,VATAKARA (SECRETARY,R.T.A, VATAKARA) VATAKARA PIN - 673 101.
2. THE PRINCIPAL, HI-TECH INSTITUTE OF TECHNOLOGY, NEAR ASHOKA TALKIES VATAKARA, KOZHIKODE - 673 101.
3. THE PRINCIPAL, ARABINDO INSTITUTE OF COMMERCE MANAGEMENT AND TECHNOLOGY NEAR SYNDICATE BANK, EDODI, VATAKARA PIN - 673 101.
4. THE C-APT MULTIMEDIA ACADEMY, IT SAMURAI, NEW BUS STAND, VATAKARA PIN - 673 101.
5. VIMS PARA MEDICAL INSTITUTION, VIMS HOSPITAL, KALLACHI, KOZHIKODE PIN - 673 020. R2-R5 BY ADV. SRI.K.MOHANAKANNAN R2-R5 BY ADV. SMT.A.R.PRAVITHA R1 BY ADV. GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2301-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20695 of 2014 (J) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT DATED911-2012. EXHIBIT P2- TRUE COPY OF THE ORDER
OF THE1T RESPONDENT DATED221-2014. EXHIBIT P3- TRUE COPY OF THE LETTER RECEIVED BY THE PETITIONER ISSUED BY THE1T RESPONDENT. EXHIBIT P3(a)- TRUE COPY OF THE ORDER
DATED244-2013 ISSUED BY THE SECRETARY, KERALA STATE ELECTRICITY LICENSING BOARD. EXHIBIT P3(b)- TRUE COPY OF THE ORDER
ISSUED BY THE DIRECTOR, CALICUT UNIVERSITY DATED298-2013. EXHIBIT P3(c)- TRUE COPY OF THE ORDER
OF THE GOVERNMENT DATED1910-2011. EXHIBIT P(d)- TRUE COPY OF THE LETTER OF THE INDUSTRIAL TRAINING DEPARMENT DATED317-2013. RESPONDENT(S)' EXHIBITS: --------------------------------------- EXT.R2(a) COPY OF THE ORDER
NO.M2 2175/04/CE1 DTD.23.6.04. EXT.R2(b) COPY OF THE ONE OF SUCH IDENTITY CARD (PRAJITH P.M). EXT.R2(c) COPY OF THE JUDGMENT
IN WP(C) 19050/2013 DTD.14.8.13. EXT.R2(d) COPY OF THE HALL TICKET DATED315.14 ISSUED TO ONE OF THE STUDENTS NAMELY NOUFAL BY THE KERALA STATE ELECTRICITY LICENSING BOARD. EXT.R2(e) COPY OF THE HALL TICKET DATED198.14 FOR PRACTICAL EXAMINATION OF NOUFAL. EXT.R3(a) COPY OF AFFILIATION CERTIFICATE ISSUED BY BHARATIAR UNIVERSITY DATED245.13 WITH THE DETAILS OF THE STUDENTS FURNISHED BEFORE THE1T RESPONDENT. EXT.R4(a) COPY OF THE LETTER SENT BY THE MANAGING DIRECTOR CAPT, TRIVANDRUM TO THE PETITIONER DATED146.13. CONTD..2.. ..2.. WP(C).No. 20695 of 2014 (J) EXT.R5(a) COPY OF THE PROCEEDINGS OF THE INDUSTRIAL TRAINING DEPARTMENT DATED317.13 WITH DETAILS OF THE COURSES. EXT.R5(b) COPY OF THE LIST OF STUDENTS FOR THE YEAR20132014 SUBMITTED BEFORE THE GOVERNMENT OF INDIA AND1T RESPONDENT. EXT.R5(c) COPY OF THE ORDER
PASSED BY THE1T RESPONDENT DATED3010.13. // TRUE COPY // P.A TO JUDGE. K. VINOD CHANDRAN, J.
===================== W.P.(C) No.20695 of 2014 - J ====================== Dated this the 23rd day of January, 2015
JUDGMENT
The petitioner, an association, is aggrieved with Ext.P2 order issued by the Secretary, Regional Transport Authority, Vatakara granting fare concession, as per Ext.P1 notification, to five institutions noticed therein; rather to the students studying therein.
2. The learned Counsel for the petitioner submits that, the same cannot be permitted, since, such concession can only be to a recognised educational institution conducting a recognised course, affiliated to any of the Universities in Kerala. The learned Counsel for the petitioner submits that, the issuance of Ext.P2 order is in excess of the specific stipulation in Ext.P1 and since, Section 67 of the Motor Vehicles Act, 1988 authorises only the Government to issue such notifications, the present order issued by the Secretary, RTA is beyond the powers W.P.(C) No.20695 of 2014 - J2conferred on him.
3. The learned Counsel, appearing for the respondents 2 to 5 primarily contends that, in fact the specific grievance expressed by the petitioner association, was considered long back and after hearing all parties, an order was passed by the Regional Transport Officer, Vatakara as is indicated in Ext.R5(c) dated 30.10.2013. The association having not challenged the said order cannot now again make allegations against Ext.P2. The said respondents have filed separate counter affidavits, pointing out that they are recognised institutions carrying on courses of specific duration and wherein, the certification to students is issued by recognised Academic Bodies, but, however, not the Universities in Kerala. The number of students also has been clearly specified and there cannot be any dispute that they are persons, who are regularly carrying on such academic courses. The learned Counsel for the petitioner would however, point out that these are courses having duration of less than one year and such W.P.(C) No.20695 of 2014 - J3courses cannot be considered to be covered under Ext.P1.
4. Essentially, it is to be noticed that there are two types of students, who are contemplated under Ext.P1 notification. (i) Full time regular students not engaged in any other calling or profession studying in any recognised educational institution for a recognised course. (ii) Full time students not engaged in any other calling or profession studying privately in any institution and who have registered their names in any of the Universities in India as a student for a particular course or private study admitted by a University in Kerala.
5. Hence, it is to be noticed that, any regular student studying in a recognised educational institution for a recognised course would be entitled for such fare concession, if he is not carrying on any another calling or profession. Hence, it is not a requirement that, the educational institution should be affiliated under one of the Universities in the Country or in the State. If such a contention is taken, the school children would be disentitled from availing such concession. The further contention that, the respondent institutions are carrying on courses having W.P.(C) No.20695 of 2014 - J4duration of below one year, is only to be rejected. Often only students from the marginalised section of society would enroll for such courses that too in the vocational stream and rather than the University students, it would be they, who would have to be granted fare concession for carrying on their education.
6. It is in fact undertaken that none of the students, who have been issued with identity cards for concession, are students, who are taking part-time courses. Nor are they engaged in any other calling or profession. Even part time courses would be covered under Ext.P1 notification, since, any privately registered student affiliated to a course in any University in India would be entitled for concession, provided he is not otherwise employed regularly. Needless to say that a person who has a regular employment or carries on a profession cannot claim fare concession for reason that he is also undergoing an academic course. W.P.(C) No.20695 of 2014 - J5With the above reservation alone, the writ petition is found to be devoid of merit and the same would stand dismissed. Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.