Telangana High Court
N.Hanumantha Rao, West Maredpally, ... vs The Govt Of Ap., Home Dept.,Hyderabad 6 ... on 1 November, 2022
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.18071 of 2006
ORDER:(Per the Hon'ble the Chief Justice Ujjal Bhuyan) Heard Mr. K.Pavan Kumar, learned counsel representing Mr. K.Vinay Kumar, learned counsel for the petitioner.
2. This petition was filed in the year 2006 following the unfortunate death of petitioner's daughter on 11.08.2005 in front of respondent No.7 school. Petitioner's daughter was a student of respondent No.7 school and the accident took place when a group of students including petitioner's daughter was crossing the main road in front of the school. A lorry bearing registration No.AP 11 V 9268 which was being driven in a rash and negligent manner ran over the students leading to the unfortunate death of petitioner's daughter.
3. On a query by the Court as to whether petitioner has received any compensation, learned counsel for the 2 HCJ & CVBRJ W.P.No.18071 of 2006 petitioner submits that claim petition has been filed under the Motor Vehicles Act, 1988, and that is a separate cause.
4. In this writ petition, petitioner has sought for direction to the respondents to issue necessary guidelines to provide safe environment for the school children so that such unfortunate incident do not occur in future.
5. Respondent No.3 i.e., Additional Commissioner of Police (Traffic), Hyderabad, has filed counter affidavit. In the counter affidavit, he has mentioned that Hyderabad city Traffic Police have taken the following measures to ensure safety and security of school children:
"a. Convened a meeting at Goshamahal Police stadium with all the correspondents of schools of twin cities of Hyderabad and Secunderabad and with the official of school education department and resolved the following:
i) Allowing the vehicles carrying school children inside the school premises wherever sufficient place available for dropping and picking up of the children.
ii) Not to allow more than 6 children in an auto transporting school children.
iii) Inviting traffic officials for the parents, teachers associations meetings and sorting out the problems pertaining to schools and school children then and there.
3 HCJ & CVBRJ W.P.No.18071 of 2006 iv. Providing signages and zebra lines in the school zones.
v. Providing security guards to take care of the school children while crossing road at the opening and closing of school.
vi. Introduced one-way system at certain school zones where there are heavy strengths for safety of school children as well as free flow of traffic.
vii. Utilizing the services of traffic commandos in the premises of the school half-an-hour before beginning of the school and at closing time. The school physical education teachers have to guide and help the school commandos. viii. Sensitized the traffic officers and men about traffic regulation in front of the schools at the time of opening and closing, and also conducting enforcement against under aged driving, carrying more than 6 children in a auto, dangerous driving, over speed driving vehicles at school zones.
ix. Introduction of traffic safety measures in the school syllabus from class III onwards.
x. Staggering of schools timings, to ease the traffic flow in the densely populated schools and clustered school zones.
xi. School management have to engage buses for picking up and dropping the children at schools. xii. Requested school managements to enroll their students to be trained as traffic commandos. xiii. Construction of foot over bridges at school/school zones wherever possible.
xiv. Encouraging car pooling system for safety of school children.
4 HCJ & CVBRJ W.P.No.18071 of 2006 xv. Safety of school children is the responsibility of the school management.
b. It is respectfully submitted that, the Hyderabad city traffic police have suggested particularly to the management of St. Anns girls high school, Secunderabad to allow two and three wheelers vehicles carrying school children inside the school premises for dropping and picking up, and construction of foot over bridge at the school on Sardar Patel road as a measure for safety and security of the school children. The same is under construction. Further widened the small vent existing on the median divider in front of the gate of the school, marking the road with zebra lines. They were also requested to enroll their students in the traffic commando scheme immediately. In toto the St.Ann's girls high school, Secunderabad management has carried out the suggestions with immediate effect.
c. It is respectfully submitted that, the Andhra Pradesh State Human Rights Commission, Hyderabad has taken cognizance of the issue in suo moto. The Hyderabad city traffic police has submitted its report to the Andhra Pradesh State Human Rights Commission, Hyderabad vide No.Tr.Addl.CP/Camp/01/2005, dt: 19/8/2005. The photocopy of the same is enclosed herewith for favour of kind perusal of the Hon'ble High Court.
8. It is respectfully submitted that, in the current academic year 2006-07 following measures have been taken by the Hyderabad city traffic police:
i. It is respectively submitted that in furtherance of the direction of Hon'ble Supreme Court on the safe transport of school going children and other students in education 5 HCJ & CVBRJ W.P.No.18071 of 2006 institutions buses. The Hyderabad City traffic police have taken initiative much earlier than the reopening of schools for the current academic year i.e. 2006-07. On 6th May 2006, the Hyderabad City traffic police directed the managements of the schools on the 12 directions given by the Hon'ble Supreme Court of India to complete all arrangements during the annual vacation and comply with the requirements before starting of the academic year. The photocopy of the same is enclosed herewith for kind perusal of Hon'ble High Court.
ii. It is respectfully submitted the Hyderabad City traffic police has convened meeting on 06/06/2006 with the District collector, Hyderabad, District Education Officer, Hyderabad and all school managements of twin cities of Hyderabad and Secunderabad for implementing the following:
a) Enforcement of (6) children norm for an auto rickshaw.
b) Deployment of security guards i.e. @ one security guard for every 300 school children by the school management for children safety to cross the road and also regulate the parking within the vicinity of the schools.
c) Identifying the schools which have sufficient open area within the premises and directing the school authorities to allow whole/part of the traffic inside the school premises for alighting and boarding purpose with an intention to ensure safety of school children.
d) Continuing the traffic commando scheme in 103 schools that was initiated last year with 24 children of 8th and 9th classes in each school. Identifying 200 new schools 6 HCJ & CVBRJ W.P.No.18071 of 2006 under the same scheme for the current academic year 2006-07.
e) Implementation of the directions given by the Hon'ble Supreme Court as regards to the school buses.
f) Staggering of school timings in the school zones by assisting the District Education officer and other relevant authorities.
g) Exercising strict control over the under aged school children driving on motorized vehicles through publicity, counseling and enforcement.
h) Marking zebra crossings and school zone boards.
i) Introduction of traffic safety aspects in school syllabus (from class III onwards) iii. It is respectfully submitted that the Hyderabad City traffic police has coordinated with the District Administration, School Education Department and at Government level for betterment of schools, safety and security of school children. The Government of Andhra Pradesh has issued GO Ms No. 41 Education (SEPS1) Department, dt: 11/05/2006. Clauses 12, 13, 14 and 17 pertains to safety and security of school children. Photo copy of the GO is enclosed herewith for kind perusal of Hon'ble High Court.
iv. It is respectfully submitted as agreed above, the Hyderabad City traffic police have taken the following measures for implementation of the above agenda. In the summer months efforts were made to educate the parents auto drivers and the school managements to adhere to 6 children per auto norms:
The Hyderabad City traffic police has conducted special drive against the autos carrying more than six 7 HCJ & CVBRJ W.P.No.18071 of 2006 children and under aged school children driving vehicles, from the day of reopening of schools in twin cities of Hyderabad and Secunderabad and booked 3,875 cases against autos, 197 cases against school buses and 16,040 cases against dangerous drive during the year 2005.
b) It is respectfully submitted that in addition to the above enforcement the Hyderabad City traffic police sensitized parents by addressing them with a request to not to send their children in the autos which are carrying more than 6 children. Simultaneously, the concerned school managements were also addressed with a request to educate the children to not travel in an auto carrying more than 6 children and also requested to impress upon the parents for similar action. Photocopies of the letters addressed to parents and school managements are enclosed herewith for kind perusal of Hon'ble High Court.
c) It is respectfully submitted that in addition to the above, the Hyderabad City traffic police have distributed literature to educate school children and also auto drivers at schools to follow safety and security measures and traffic rules in transportation of school children in autos. Photo copies of the literature are enclosed herewith for kind perusal of the Hon'ble High Court.
d) It is respectfully submitted that as a part of education to bring awareness among auto rickshaw drivers, the Hyderabad City traffic police has given advertisements on hoardings at all important junctions in twin cities of Hyderabad and Secunderabad to not to transport more than 6 children.
e) The Hyderabad City traffic police is deeply and continuously involved in the above efforts.
8 HCJ & CVBRJ W.P.No.18071 of 2006 v. In this current academic year 2006-07, further 200 new schools were inducted into the traffic commandos scheme and trained 4800 students in traffic regulation, parking methods and helping behavior and launched the scheme on 11/07/2006. The total School Commandos in this year 103 of previous year and 200 schools of current academic year total 7272 are taking care of needs of their schools.
vi. It is respectfully submitted that in furtherance of directions of the Hon'ble Supreme Court and as agreed by the school management in the meeting mentioned supra, the Hyderabad City traffic police has conducted special drives against buses not adhering to the directions and ensured compliance by the school managements on all directions i.e. writing prominently on the front and back as 'School Bus' and on hired buses as 'On School Duty', first aid boxes, fire extinguishers, writing school name and telephone number, locking doors and provision for keeping the school bags in the buses and in addition to the driver one extra qualified person made available with the driver. Further booked cases against school buses carrying excess children than the vehicle capacity and also against the drivers those who do not possess heavy license and not having minimum 5 years of experience of driving heavy vehicles. Total number of 393 cases were taken cognizance of, in this regard.
vii. It is respectfully submitted that apart from the enforcement the Hyderabad City traffic police has addressed the schools managements on the deficiencies and drivers ineligibility, etc., and requested them to address the problems immediately. Large proportion of school 9 HCJ & CVBRJ W.P.No.18071 of 2006 managements have taken it in positive way and complied. Similarly some of the school buses carrying children found without fitness were listed out and addressed the RTA to check the school buses and take further action. The copies addressed to the school managements and RTA are enclosed herewith for kind perusal of Hon'ble High Court. viii. Further it is respectfully submitted that the Hyderabad City traffic police has taken measures with an intention to decongest the traffic at schools and other traffic related problems at the school zones, conducted a survey and identified 57 clusters wherein 358 schools are located. The Hyderabad City Traffic Police taken the following steps.
a) Conducted a meeting with Schools Managements, parents committees, District Administration and School Education department and sought cooperation for changing of the school timings and staggering the timings of the clustered schools. On consensus the District collector has changed the school opening and closing timings advancing the opening timing to 8:00 AM and 8:30 AM from 9:00 AM and closing time 2:00 PM and 2:30 PM from 3:00 PM. In this connection the District Administration has issued orders vide its proceedings RC No. 16686/C/52006, dt:
12/06/2006. As per the new timings school are starting at 8:00 AM (Primary section) and 8:30 AM (Higher sections) and closing timings at 2:00 PM (Primary section) and 2:30 PM (Higher section).
b) Within the changed timings the clustered schools were staggered with 15 minutes gap from one school to other schools. The staggered timings at the time of opening and closing are as follows:
10 HCJ & CVBRJ W.P.No.18071 of 2006 Opening time - 08:00 AM, 08:15 AM and 08:30 AM, similarly closing timings for Primary sections 02:00 PM, 02:15 PM and 02:30 PM for High school sections 02:40 PM, 02:55 PM and 03:10 PM. By doing so traffic congestion has considerably reduced at the clustered schools.
c) To decongest the traffic at the schools which are having heavy strength were identified and implementing one-way traffic. They are:
1) Little Flower school, Abids, Hyderabad.
2) Sujatha High School, Chapel Road, Abids, Hyderabad.
3) Stanley Girls High School, Chapel Road, Abids, Hyderabad.
4) All Saints High School, Abids, Hyderabad.
5) St. Georges High School, Abids, Hyderabad.
6) Hyderabad Public School, Begumpet, Hyderabad.
7) Geetanjali Public School, Begumpet, Hyderabad.
8) Govt. Degree College for girls, Begumpet, Hyderabad.
9) St. Pauls High School, Hyderguda, Hyderabad.
10) Madina Educational centre, Hyderguda, Hyderabad.
11) St. Joseph school, King Koti, Hyderabad.
12) St. Patrick High School, Secunderabad.
13) Seventh Day Adventist High School, Secunderabad.
By doing so, the said schools are free from traffic jams, chokes and congestion.
ix. It is respectfully submitted some of the schools are not following the decisions taken on 06/06/2006 and are yet to implement the provisions of GO Ms No. 41 Cl. 12, 13, 14 and 17 intended for betterment of the situation and safety, security of school children at schools. In this 11 HCJ & CVBRJ W.P.No.18071 of 2006 connection the District Education Officer and the District Collector have been appraised of the same and also addressed a D.O. letter vide No. Tr.T6/150/2006, dt:
24/06/2006 to the District Educational Officer, Hyderabad with a request to impress upon all school managements to implement the directions of Hon'ble Supreme Court and provisions of G.O.Ms No.41. Further action is being taken by them. The statement of the schools which are yet to implement the directions of the Hon'ble Supreme Court of India and provisions of GO Ms No.41, Cl. 12, 13, 14 and 17 and copy of the said D.O. letter are enclosed herewith for kind perusal of Hon'ble High Court.
x. It is respectfully submitted that in furtherance of the directions of Hon'ble Supreme Court and G.O.Ms No.41 the Commissioner, Municipal Corporation of Hyderabad has been requested to erect 500 sign boards showing school zones on both sides of roads and also requested to get the road in front of the schools to be painted . marked with zebra crossing to facilitate school children to cross the roads easily and safely in the twin cities of Hyderabad and Secunderabad. In above work the Hyderabad City traffic police will coordinate with the school managements. The MCH would collect the expenditure to be incurred for the above from the schools managements. The MCH will undertake the work.
xi. It is respectfully submitted that several schools which are having parking areas are not allowing vehicles inside their school premises and number of schools do not have parking area as contemplated in the G.O. Ms No.41. The statement is enclosed herewith for kind perusal of the Hon'ble High Court. Further several schools are not
12 HCJ & CVBRJ W.P.No.18071 of 2006 implementing as agreed on 06/06/2006 in providing security guards at schools @ of one security guard for 300 school children. The statement is enclosed herewith for kind perusal of Hon'ble High Court.
xii. It is respectfully submitted that to bring awareness among the school children, lessons on traffic safety was introduced in the syllabus of the 7th class. The principal secretary school education is addressed to evolve syllabus on traffic safety for 3rd class children onwards and introduced it in the next academic year. xiii. It is respectfully submitted that Hyderabad City traffic police is conducting every year awareness programme among the school children of twin cities of Hyderabad and Secunderabad such as painting, drawing, essay writing, elocution competitions on traffic related subject and awarding them prizes and also participation certificate. By doing so created exposure on traffic safety and Rules among the school children.
xiv. It is respectfully submitted that for the regulation of traffic the following men and officers are involving in regulation of the traffic everyday at schools. 2 Addl. DCPs, 18 Inspectors, 80 SIs, 50 HCs, 400 PCs and 400 HGs. In addition to the traffic police, traffic commandos of 103+200 total 303 schools are involving in regulation of the traffic at schools and school zones. Apart from these, evolving a new concept of introducing TRAFFIC WARDENS program involving the senior citizens, professionals and parents of school children to meet the needs at schools in traffic regulation and helping the students. This scheme is on the anvil."
13 HCJ & CVBRJ W.P.No.18071 of 2006
6. We have gone through the affidavit of respondent No.3 and the steps taken by him as extracted above. We are of the view that respondent No.3 along with officials of the Hyderabad Police Commissionerate (Traffic) should continue with their drive to ensure safety and security of the school children.
7. With the above observation, we close the present Writ Petition. However, there shall be no order as to costs.
8. Miscellaneous applications pending, if any, in this Writ Petition shall stand closed.
__________________________ UJJAL BHUYAN, CJ ___________________________ C.V.BHASKAR REDDY, J Date: 01.11.2022 KL