Madras High Court
Mahendra Educational Trust vs The Government Of India on 7 September, 2022
W.P.No.22256 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.09.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.22256 of 2013
Mahendra Educational Trust
Rep. by its Executive Officer
Kalipatti Post, Attayampatti Via
Namakkal District 637 501 ... Petitioner
Vs.
1.The Government of India
Rep. by its Secretary
Department of Road Transport and Highways
Ministry of Shipping, Road Transport and Highways
New Delhi
2.National Highways Authority of India
Rep. by its Chairman
G.5 & 6, Sector 10
Dwaraka, New Delhi 110 075
3.The Project Director
National Highways Authority of India
212-3/D3-1, Sri Nagar Colony
Narasothipatti
Salem 636 004
Page No.1 of 6
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W.P.No.22256 of 2013
4.M.V.R.Infrastructure and Tollways Pvt. Ltd.,
M.V.R.Toll Plaza
Kottagoundampatty
Omalur Taluk
Salem District ... Respondents
PRAYER : Writ Petition filed under Article 226 of Constitution of India
praying for issuance of a Writ of Declaration, declaring that the benefit of
Paragraph 7(b)(ii) of the Notification of the 1st respondent in S.O.1178(E)
dated 08.05.2009 published in the Extraordinary Issue of Part II, Section
3, Sub-Section(ii) of the Gazette of India No.720 dated 08.05.2009 is
available to all the educational institution buses as defined in Section
2(11) of the Motor Vehicles Act and not only for 'school buses'.
For Petitioner : Mr.Kandhan Duraisami
For Respondents : No Appearance for R1
Mr.S.V.Srinivasan
Standing counsel for R2 & R3
Mr.J.Kannan for R4
ORDER
The Writ Petition is filed under Article 226 of Constitution of India
praying for issuance of a Writ of Declaration, declaring that the benefit of
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W.P.No.22256 of 2013
Paragraph 7(b)(ii) of the Notification of the 1st respondent in S.O.1178(E)
dated 08.05.2009 published in the Extraordinary Issue of Part II, Section
3, Sub-Section(ii) of the Gazette of India No.720 dated 08.05.2009 is
available to all the educational institution buses as defined in Section
2(11) of the Motor Vehicles Act and not only for 'school buses'.
2.Learned counsel for the petitioner submitted that the respondents
are not justified in discriminating between schools and colleges as both
the categories are coming within the expression educational institutions.
It was further argued that the nomenclature school will also include
within its fold colleges as well, for the purpose of concession in toll fee.
3.Learned counsel also fairly brought to the notice of this Court,
the judgment rendered by a Division Bench of this Court in Writ Appeal
Nos.560, 561, 563 and 564 of 2014 dated 25.04.2014 upholding against
the petitioner. The relevant portion reads as follow;
“5. We do not find any reason to entertain the writ
appeals. The notification is very clear. When there is no
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W.P.No.22256 of 2013
ambiguity in the words / terms used by an authority, then the
Court of law shall not venture to interpret the same in a
different way. Admittedly, a school is different from a college. A
school student is also different from a college student. The
notification is only a concession given to the school students.
The appellant cannot seek the same as a matter of right. The
power of judicial review in such matters is very limited. The
learned Singe Judge, has taken note of the law governing the
issues raised, while passing the impugned order and we find no
infirmity in the impugned order....”
4.Such view of the matter, as the issue has already been decided by
the Division Bench of this Court, and the circulars are also filed to that
effect, nothing survives in this petition for further adjudication. This
Writ Petition stands dismissed accordingly. No costs.
07.09.2022
kas
Index : yes / no
Internet : yes / no
Speaking / Non speaking order
To
1.The Secretary
Government of India
https://www.mhc.tn.gov.in/judis
W.P.No.22256 of 2013
Department of Road Transport and Highways
Ministry of Shipping, Road Transport and Highways
New Delhi
2.The Chairman
The National Highways of India
G.5 & 6, Sector 10
Dwaraka, New Delhi 110 075
3.The Project Director
National Highways Authority of India
212-3/D3-1, Sri Nagar Colony
Narasothipatti
Salem 636 004
4.M.V.R.Infrastructure and -
Toll-ways Pvt. Ltd.,
M.V.R.Toll Plaza
Nottagoundampatty
Omalur Taluk
Salem District
https://www.mhc.tn.gov.in/judis
W.P.No.22256 of 2013
N.SATHISH KUMAR, J.
kas
W.P.No.22256 of 2013
07.09.2022
https://www.mhc.tn.gov.in/judis
