Patna High Court Stays Bihar Government’s Ban on Diesel School Buses in Interim Order

By Alok Mohit

Patna: In an interim order, the Patna High Court has stayed the implementation of a recent Bihar government notification banning the operation of diesel school buses in Patna.

Justice A. Abhishek Reddy issued the order while hearing a petition filed by the Association of Independent Schools, Bihar, challenging the state government’s directive.

The petitioners, represented by a team of advocates led by Alok Kumar Sinha, argued that the state government, through a notification dated 23rd February 2024, had imposed an “unreasonable ban” on all diesel school buses without considering the ground realities.

In response to the deteriorating air quality in Bihar’s capital, the state government had directed schools to discontinue the use of diesel-run buses or minibuses and replace them with vehicles operating on compressed natural gas (CNG). The notification mandated the conversion of all diesel school buses to CNG and prohibited their operation within the Patna Municipal Corporation (PMC) area and the adjoining areas of Danapur, Khagaul, and Phulwari Sharif Nagar Parishad until the conversion was complete. The ban was set to take effect from 1st September.

The petitioners contended that this directive was issued without consideration of the buses’ age, including new vehicles in the ban. They also highlighted the lack of authorised CNG conversion facilities in the city, forcing bus owners to rely on local mechanics, which could lead to safety risks and potential accidents, endangering the lives of schoolchildren.

The petitioners further pointed out that Patna has an insufficient number of CNG filling stations. With only 17 CNG stations available for approximately 1,800 to 2,000 school buses, they argued that long wait times would severely disrupt student transportation, especially with mid-term examinations scheduled for the second week of September.

After hearing the arguments, Justice Reddy acknowledged that the petitioners had established a prima facie case for the grant of an interim order. The court accordingly issued an interim direction to the authorities not to enforce the impugned notification until the next hearing date, scheduled for 7th October 2024. “The authorities shall permit the diesel school buses to operate without causing any impediment,” the court added.

Additionally, the court instructed the petitioners to provide a list of schools that are members of the association within two weeks.

 

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