JUDGMENT B.P. Katakey, J. 1. On the basis of the petition dated 8.3.1999 filed by some concerned citizens of the city of Guwahati, addressed to the Chief Justice, highlighting various risk factors involved in overloading of students in the school buses of different schools in the city of Guwahati, more particularly in South Point Montessory High School, as well as plying of unauthorized school buses without even making available the minimum safeguards for commuting students in such school buses, this public interest litigation has been registered. 2. We have heard Ms. Bhuyan, learned amicus curiae and also Ms. B. Goyal learned State counsel appearing on behalf of the State respondents. None appeared on behalf of the private respondent. 3. This court vide order dated 31.3.1999 directed the State respondents to file affidavit indicating the steps taken by the authorities concerned to check the problems being faced by the students of various schools while travelling in the school buses, in response to which the Commissioner of Transport as well as Superintendent of Police filed their affidavits in which they have more or less admitted that the buses, run by the South Point Montessory High School, are always over crowded and carried beyond the authorized capacity and stating that appropriate action would be initiated by the authorities. 4. Since such affidavits were filed in the year 1999, this court vide another order dated 5.5.2006 directed the Commissioner of Transport as well as Senior Superintendent of Police, Guwahati city, to file further affidavits in the matter relating to whether the said school is still adopting the same practice of overloading students in the bus. By the said order a further direction was issued to the said authorities to submit a comprehensive report to this court as regards the overloading of the buses, not only run by South Point Montessory High School, but also as regards the buses that are operated in the Guwahati city and the steps if any taken to prevent such overloading and indicating the details of cases, if any, already initiated by the transport department as well as by the police authorities during the years 2005 and 2006. 5. The Commissioner of Transport as well as the Senior Superintendent of Police, Kamrup (metropolitan), who were personally present before this court on 29.5.2006 were heard through their advocates. 5. The Commissioner of Transport as well as the Senior Superintendent of Police, Kamrup (metropolitan), who were personally present before this court on 29.5.2006 were heard through their advocates. During the hearing it has been represented that the joint meeting of the transport department and the police authorities shall be held in due course and a comprehensive plan shall be drawn for taking necessary steps to prevent overloading of the buses plying in the city of Guwahati and the detail action plan shall be submitted to this court for its consideration. Accordingly, a meeting was conveyed by the authorities of various school and the office bearer of city bus association. Another joint meeting was held on 1.6.2006 convened by the Deputy Commissioner, Kamrup (metropolitan) Guwahati to discuss the matter relating to overloading of school buses and city buses of Guwahati, which has been duly recorded in the proceeding of this court dated 29.6.2006. The status report as regards the action taken submitted by the authority pursuant to the direction issued by this court reveals that after threadbare discussions a comprehensive plan has been drawn for taking necessary steps to prevent overloading of buses plying in the city of Guwahati details of which is an under: (i) That the Superintendent of Police (Traffic), City, Guwahati and his team in close coordination with D.T.O., Enforcement shall make a survey of all the school buses operating within the district and ensure strict enforcement of all rules and regulations in force. (ii) In case of violation detected in the buses strict action is to be taken which should normally be cancellation of permit. (iii) All school authorities shall depute one responsible person to oversee and ensure that there is no overloading of any of the buses carrying their wards. (iv) No school buses shall be allowed to park on any public roads or any public place and the school authorities shall ensure availability of parking places for their buses. (v) A drive shall be launched w.e.f. the afternoon of 8th June, 2006 to enforce the rules regarding overcrowding and safety measures in all the school buses. (vi) All schools shall ensure that they arrange for at least one guardian to accompany the school buses to oversee the actual operation of the buses on the road. (v) A drive shall be launched w.e.f. the afternoon of 8th June, 2006 to enforce the rules regarding overcrowding and safety measures in all the school buses. (vi) All schools shall ensure that they arrange for at least one guardian to accompany the school buses to oversee the actual operation of the buses on the road. (vii) School authorities shall ensure that the drivers and other persons engaged for the school buses strictly conform to the rules and guidelines in force. (viii) All the schools shall submit a complete statement regarding the total number of buses, the ratio of seats to actual number of children travelling in those buses with names and details of all the drivers and other employees engaged in those buses and the same is to be upgraded as and when major changes are effected. (ix) It has also been decided that the Deputy Commissioner, Senior Superintendent of Police, City and Superintendent of Police (Traffic) shall make random checks to verify whether the rules and regulations have been conformed to. (x) It is also resolved that the Inspector of Schools, Kamrup shall make a survey of all Government Schools having school buses and submit a report whether these schools are adhering to the rules and norms in force. (xi) It was further resolved that any bus parked on public place/road after operating hours shall be removed by the traffic police with assistance from the Enforcement staff of R.T.A. (xii) All the city bus associations are asked to streamline the operation of the city buses and the members of all the associations shall be sensitized to the rules in force and the observations made by the hon'ble Gauhati Court, Guwahati. 6. This court after taking the said status report submitted by the learned State counsel, on record, vide order dated 29.6.2006 directed the respondents to submit a further status report to this court as to the result of the survey of all the school buses operating within the district, undertaken by the Superintendent of Police (Traffic) city and his team in coordination with the D.T.O Enforcement and further directing that it should also contain the details of the violation detected so far as well as regarding the overloading of not only the school buses but any other buses entering into the city of Guwahati. By the said order it has further directed that such status report shall also contain whether the schools have submitted complete statement regarding the total number of buses, the ratio of seats and actual number of students travelling in those buses with names and details of drivers and other employees engaged in those buses as resolved in the joint meeting held on 7.6.2006. Consequently the status report and the action taken on the part of the Senior Superintendent of Police (City) were filed and taken on record vide order dated 20.7.2006. 7. This court keeping in view the importance of the question that arises for the consideration, i.e., overcrowding of school buses as well as the safeguards to be taken in such school buses, requested Ms. Bornali Bhuyan, learned Counsel, to assist the court in the matter as amicus curiae, to which the learned Counsel readily responded positively. The learned amicus curiae, thereafter, also submitted her views and suggestions in writing, for consideration of this court, which was taken, on record vide order dated 24.8.2006 and directed the respondents more particularly State respondents to file their response. Accordingly, the Senior Superintendent of Police (City), Kamrup filed the response by way of an affidavit to such views/suggestions given by the learned amicus curiae. 8. In the said affidavit filed by the Senior Superintendent of Police (City), Kamrup, the suggestions given by the learned amicus curiae have more or less been accepted. The Superintendent of Police in the said affidavit has stated that an action plan was initiated jointly by the Transport Department, the District Administration and the Police Department and a survey of all the school buses operating within the district was carried out for strict enforcement of the rules and regulations in force. It has further been stated that the action plan particulars, regarding the total number of buses being operated by the schools, whether they are being operated by a third party or by the school authority themselves and the ratio of the seating capacity of the buses to the number of students travelling in them etc. have been circulated by the Superintendent of Police (Traffic). have been circulated by the Superintendent of Police (Traffic). The affidavit, also discloses that few of the school buses are carrying the students slightly in excess of the ratio of 1 : 15, for which a meeting has been called to work out the solution by suggesting use of more buses or provide buses with more seating capacity and informing them that otherwise the permits would be cancelled. It has further been stated that the provision for keeping the school bags in the buses is also directed to be made and the school authorities are asked to ply only such school buses which are safe in every possible manner. Said affidavit further discloses that direction has been issued to have the buses fitted with mesh wire and also at least one mobile phone so that in case of emergency the bus can be contacted. The Superintendent of Police has also stated that the transport department as well as traffic police have been duly instructed to carry out random checks and to deal with severely in respect of those buses who are not complying with the safety requirements. 9. Regarding the experience, etc., of school bus drivers, the Superintendent of Police in his affidavit has stated that the licence issuing authority has been instructed to carry out stringent test before issuing licence and to issue the licence on full satisfaction only. It is further stated that refresher courses of driver training so as to fine tune and increase the proficiency of the drivers, medical check up with regard to his physical fitness including eye test are also made compulsory and the drivers of the school buses who violates safety rules and other guidelines shall be dealt with sternly and his licence shall be cancelled. The Superintendent of Police has further stated that school buses found to be parked in the public roads are being towed away during the night and random checks to detect violation of the rules and regulations are being taken up. It has further been stated that the school buses are required to have uniform colour with names of the school prominently displayed in both sides of the buses. It has further been stated that the school buses are required to have uniform colour with names of the school prominently displayed in both sides of the buses. The Superintendent of Police has further stated in the said affidavit that the suggestions of the learned amicus curiae regarding the engagement of regular attendant by the school authority to monitor the driving condition and to take care of the children, fitting of alarm bells/sirens, etc., have been accepted and necessary steps would be taken in that regard. 10. Article 21 of the Constitution embraces the right of the school children to travel, in the school buses provided by the school management safely. A corresponding obligation is also imposed on the school management as well as on the State authorities to provide safe journey of the children as well as taking necessary remedial and other measures to enforce the various provisions of the Motor Vehicles Act, 1988, which gives the complete solution to the problem, being faced by the school children while travelling in the bus. 11. Keeping in view the paramount public interest as well as the right of the children under Article 21of the Constitution of India and also the obligation of the school authorities and the State authorities and also upon hearing the learned amicus curiae as well as learned State counsel and upon perusal of various affidavits filed by the State authorities, we, for the present, issue the following directions in respect of the school buses operated by various school authorities in the State of Assam. (i) No school shall be allowed to operate any school bus unless it is fitted with doors that can be closed and also the windows fitted with mesh wire so that the children cannot keep any part of the body out. The school authority shall ensure that the doors of the buses remain shut while in running condition. (ii) No school buses shall be allowed to carry students in excess of the ratio of 1:5. (iii) There shall be periodical check up of the conditions of the school buses and its roadworthiness. Periodical fitness certificate regarding roadworthiness of the vehicle shall have to obtain by the owner of such school buses from the competent transport authority. (ii) No school buses shall be allowed to carry students in excess of the ratio of 1:5. (iii) There shall be periodical check up of the conditions of the school buses and its roadworthiness. Periodical fitness certificate regarding roadworthiness of the vehicle shall have to obtain by the owner of such school buses from the competent transport authority. (iv) No buses belonging the educational institution or hired by it for the purpose of carrying its children shall be allowed to be driven by a driver who do not have the experience of at least five years of driving of heavy vehicle or who has been found to have violated the provision of the Motor Vehicles Act and rules framed thereunder more than twice in a year, particularly in respect of the offences relating to disobeying the Traffic lights, improper or obstructive parking, violating restriction of overtaking, been charged even once for the offence of over-speeding, driving dangerously or for the offences under Sections 279, 337, 338 and 304A of the Indian Penal Code. (v) No person shall be allowed to drive the school bus in drunken condition. Regular check in that respect shall be undertaken by the police, District Administration, Transport Authorities as well as by the school authorities and in case of any doubt in that regard such drivers must be subjected to medical test immediately and proper action including the action for cancellation of the licence have to be taken. (vi) All drivers of the school buses have to be dressed in a distinctive uniform with their names inscribed in it. (vii) In every school bus there shall be another qualified person to keep attending children travelling in such buses, as conductor, who have to be dressed in a distinctive uniform with their names inscribed in it. (viii) All the school buses must be painted with uniform colour with the name of the school written prominently on both sides of the bus so that those can be identified easily. (ix) The school authority must provide one set of mobile phone in each school bus so that in case of emergency the bus can be contacted or the driver/conductor can contact the police or State authority as well as the school authority. (ix) The school authority must provide one set of mobile phone in each school bus so that in case of emergency the bus can be contacted or the driver/conductor can contact the police or State authority as well as the school authority. (x) Telephone number of the school and/or telephone number of any contact person shall also have to be written prominently in a prominent place in each school bus so that in case of necessity the public can inform the school authority/police or other authorities. (xi) All school buses must be fitted with speed control devices so that they do not exceed the speed limit of 40 kmph. (xii) The authority shall ensure that the school buses are not permitted to over take any other four wheelers while carrying the school children in the bus. (xiii) The school authority shall ensure that the students maintains discipline when boarding and disembarking the bus so that no children got hurt. (xiv) The provision shall also to be made by the school authorities for travelling of at least one teacher in each school bus, keeping in view the safety of the school students all through out the journey and no outsider except the conductor or the said authorized teacher or one person authorized by the guardian of such commuting students shall be allowed to board such school bus. (xv) Effort shall be made by the school to make necessary arrangement for parking the school bus inside the school campus at least at the time of boarding and disembarking. In case it is not possible to park such vehicle inside the school campus, the buses must be parked in such a way so that it does not create any traffic problem for other vehicles. Such safe parking is also required for the purpose of the students travelling in such buses. (xvi) Stringent test must be carried out by the licence issuing authority before issuing driving licence to any person. (xvii) Refresher course of driver training so as to fine tune and increase the proficiency of the driver shall be given to the drivers of the school buses periodically, i.e., at least twice in a year. (xviii) Medical check up regarding the physical fitness of the driver including the eye testing shall be made every year. (xix) Every school bus must have provision for keeping school bags. (xviii) Medical check up regarding the physical fitness of the driver including the eye testing shall be made every year. (xix) Every school bus must have provision for keeping school bags. The buses should be fitted with alarm bell/siren so that in case of emergency every one can be alerted. (xx) Apart from regular checking there shall be random checks to detect any violation of provision of the Motor Vehicles Act, 1988 and the rules framed thereunder as well as the directions issued by the court. (xxi) Any school authority and/or driver found to have violated the provision of the Motor Vehicles Act, 1988 and the rules framed thereunder as well as of these directions must be penalized. (xxii) The Superintendent of Police shall file periodic report, i.e., in every six months, relating to the observation of the provisions of Motor Vehicles Act and the Rules framed thereunder as well as the directions issued by this court, to the Registrar General of this court. 12. We are of the view that aforesaid directions issued will meet the problem being faced by the school children travelling in the school bus. However, we keep it open to the learned amicus curiae to make a mention for listing of this very PIL, in case the learned amicus curiae has any other suggestion or comes across any violation of the direction issued by this court. It is also open to any public spirited citizen to bring to the notice of this court any violation of the directions issued by this court as well as the provisions of Motor Vehicles Act, 1988 and the Rules framed thereunder. 13. Before parting we place on record our appreciation to the assistance rendered by the learned amicus curiae as well as Ms. Goyal, the learned State counsel, to this court. 14. With the aforesaid directions this public interest litigation is closed.