Education officials fail to form transport panel, draw HC ire

The Chief Education Officer, District Education Officer and the District Elementary Education Officer of Villupuram and the correspondent of the SKD Nursery and Primary School in Sozhiyasorkulam village in Tindivanam taluk were asked to pay the cost imposed to the petitioner, the mother of the deceased student.

Lambasting the Education Department officials for failing to file a report regarding the action taken against the school for not constituting the School Level Transport Committee as per the rules, Justice G Jayachandran said, “The Joint Director, Elementary Education, has chosen to file a superficial counter and bunch of papers calling it as report. Be it as it may, the government advocate appearing for the department also has not properly been instructed by the authorities.”

There was no material to show whether any action was taken against the Institution to derecognise it or to ensure the safety measures taken by the school under Tamil Nadu Motor Vehicle (Regulation Control of School buses) Special Rules, the judge added.

Anjalidevi of Velliyanur in Tindivanam taluk, the mother of Yuvashree who died in the motor accident after de-boarding the school bus, had moved the plea seeking a direction to the district educational authorities to cancel recognition of the school for non-constitution of committee as stipulated under Rule 10 of Tamil Nadu Motor Vehicles (Regulation and Control of School Bus) Special rules 2012.

The plea also sought for a direction to the school to pay a compensation of Rs 25 lakhs for having committed gross illegality by not adopting the safety measures while plying the school bus.

Taking strong exception about there being no whisper in the report whether an inspection was conducted at any point of time or has constituted committee as per Rule 10, Justice Jayachandran said, “Though the criminal action was taken by the authorities against the bus driver and conductor, from the counter affidavit filed by the institution it is crystal clear that they have not constituted the committee contemplated as per the Rule 10 of the Act.”

However, the quantum of compensation for the death of Yuvashree can only be decided by the competent motor accident tribunal, the judge added.