"Frivolous": Delhi High Court Dismisses PIL Against Withdrawal Of DTC Bus Service From Private Schools

Calling it a frivolous petition, the Delhi High Court has recently dismissed a public interest litigation seeking directions to the Delhi Transport Corporation (DTC) to reconsider its decision of withdrawing DTC bus services to private schools in the city.

A division bench headed by Chief Justice Satish Chandra Sharma added that it is always open to the DTC to review its decision as and when it feels that there are enough buses with it to be given to schools for the purpose of carrying children from their residences to schools and vice versa.

"Though this Court finds that the present petition is a frivolous petition, however, this Court is not inclined to impose costs on the Petitioner," the Bench also comprising of Justice Subramonium Prasad added.

Moved by Baba Alexander, founder Secretary of National Child Development Council(NCDC), a NGO that is a UN Global Compact partner, the PIL stated that the decision would have adverse effects not only on the parents and students, but on every citizen of the city as the same impinges on the right to clean environment, being an implicit aspect of Article 21 of the Constitution of India.

The petitioner had argued that if school buses are withdrawn, the parents would be forced to take the children to school in their individual cars thereby increasing vehicular pollution.

It was also submitted that no impact assessment was made by the DTC before withdrawing the school buses and that such a withdrawal would put a lot of pressure on the schools to make alternate arrangements and would also make the children prone to accidents

On the other hand, in the counter affidavit filed by DTC, it was stated that due to spurt in city's population, DTC was unable to manage the situation and that it was not in a position to lease its buses to schools.

It was also stated that buses were given to schools on the basis of lease agreements entered into between the DTC and the Schools and that withdrawal of buses were primarily from affluent schools which were otherwise capable of making alternate arrangements for providing buses to take children to school and bring them back from school to their residences.

Finding merit in DTC's stand, the Court said:

"There appears to be some merit in the stand of taken by the DTC that withdrawal of buses are primarily from affluent schools which are otherwise capable of making alternate arrangements, like engaging private buses for the purpose of transporting students to and fro."

"The reasons given in the counter affidavit filed by the DTC are that the buses from schools have been withdrawn because the DTC is finding it difficult to cater to the needs of the population which is increasing by leaps and bounds and to save the public at large from the hardships and difficulties that are caused to them due to non-availability of buses. This Court is also of the view that the schools from which the buses have been withdrawn are capable of making alternate arrangements."

With the said observations, the plea was dismissed.

Case Title: Baba Alexander v. Delhi Transport Corporation & Anr.

Citation: 2022 LiveLaw (Del) 803

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