Madras High Court
Jayalakshmi Institute Of Technology vs The Government Of India on 13 November, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P.No.34614 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2024
CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
Writ Petition No.34614 of 2015
and MP.No.1 of 2015
Jayalakshmi Institute of Technology
Rep.by its Chairman
Thoppur
Dharmapuri Taluk -636352. …. 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 110075.
3.The Project Director
National Highways Authority of India
Project Implementation Unit
VSA Commercial Complex
9-11, Omalur Main Road
Salem 636004.
1/9
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W.P.No.34614 of 2015
4.L&T Krishnagiri Thopur Toll Road Pvt.,Ltd.,
Toll Plaza, NH-7
Palayam Village
Dharmapuri 636807. .. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
the 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.145(E), dated 14.01.2009
is available to all the “educational institution buses' more specifically mentioned
in the Schedule hereunder as defined in Section 2(11) of the Motor Vehicles Act
and not only for 'school buses' and pass such further or other orders.
The Schedule
TN-25/D-1046 TN-21/AA-6539 TN-21/AA-9642
TN-31/AV-2799 TN-32/R-8456 TN-20/AM-6019
TN-29/AM-6027 TN-29/AQ-0965 TN-29/AQ-0981
TN-29/AQ-0984 TN-29/AQ-2054, etc.
For Petitioner : Mr.K. Doraisami
Senior Advocate
For Respondents : Mr.S.Makesh
Standing Counsel
for R1 & R2
Mr.Su.Srinivasan
Standing Counsel for R3
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W.P.No.34614 of 2015
Mr.Thriyanbak J.Kannan for R4
ORDER
Writ petition has been filed in the nature of seeking a declaration that the
benefit of paragraph 7 (b)(ii) of Notification of the 1st respondent in S.O. 145
(E), dated 14.01.2009 is available to all the 'educational institution buses' more
specifically mentioned in the Schedule as defined in Section 2(11) of the Motor
Vehicles Act and not only for school buses.
2.In the affidavit filed in support of the writ petition, it had been stated
that the word 'School' is used not only to institution offering courses upto Higher
Secondary class but also the other educational institutions offering higher
education such as Polytechnic Colleges and Universities. It had therefore been
stated that when an exemption is granted to buses belonging to Schools the
same exemption can also be granted to buses belong to all educational
institutions.
3.The writ petitioner, is not a school. The petitioner is an Institute of
Technology established and run by a Trust in the rural areas of Dharmapuri.
They have buses for transportation of the students. But, they do not tender
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education at the school level. They impart education to students who have
completed school study. Therefore, they cannot claim benefit which the buses
belonging to schools had been granted.
4.A similar issue came up for consideration before a Division Bench in
WA.Nos.50 to 58 of 2013 in Om Sri Vivekananda Educational Trust .vs. National
Highways Authority of India and others. The Division Bench, by a common
judgment dated 18.01.2024, placed reliance on an earlier order of the Division
Bench in WA.Nos.560 of 2014 etc. batch, in Mahendra College of Engineering, Attur
Main Road, Minnampalli, Salem and Another Vs. The Government of India, rep. By
its Secretary, Department of Road Transport and Highways, Ministry of Shipping
Road, Transport & Highways, New Delhi, wherein, by judgment dated 25.04.2014,
the following order was passed.
“3.The learned Single Judge after making reliance
upon the earlier order passed, covering the very same issue,
was pleased to dismiss the writ petitions. Challenging the
same, the present writ appeals have been filed.
4.Mr. K.Duraisami, learned Senior Counsel
appearing for the appellants submitted that as both the
Colleges and Schools are imparting education, the
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exclusion of Colleges is bad in law. A College will have to
be construed as a School and by doing so, the respondent
will have to be directed to extend the benefits which has
been given to the Schools. Similar issue is pending
consideration before the Division Bench. Therefore, the writ
appeals will have to be entertained.
5.We do not find any reason to entertain the writ
appeals. The notification is very clear. When there is no
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 Single 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. We are, also of the view that the mere pendency of the
writ appeal cannot be a ground to entertain a subsequent
one.
6. In the result, we do not find any merit. The appeal
is dismissed. No costs. The connected miscellaneous
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petitions are also dismissed.”
5.Placing reliance on the order of the said Division Bench, the Division
Bench in WA.Nos.50 to 58 of 2013 had also passed a similar order and dismissed
the petition also. The said order of the Division Bench is binding on this Court.
The learned Senior Counsel states that the said order could accrue to the
petitioner herein but however to the disadvantage of the petitioner. The writ
petition stands dismissed. No costs. Consequently, connected miscellaneous
petition is closed.
13.11.2024
Index : Yes/No
NCS : Yes/No
KP
https://www.mhc.tn.gov.in/judis
To
1.The Secretary
Government of India
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 110075.
3.The Project Director
National Highways Authority of India
Project Implementation Unit
VSA Commercial Complex
9-11, Omalur Main Road
Salem 636004.
4.L&T Krishnagiri Thopur Toll Road Pvt.,Ltd.,
Toll Plaza, NH-7
Palayam Village
Dharmapuri 636807.
https://www.mhc.tn.gov.in/judis
C.V.KARTHIKEYAN.,J
KP
Writ Petition No.34614 of 2015
https://www.mhc.tn.gov.in/judis
13.11.2024
https://www.mhc.tn.gov.in/judis
