Court emphasises child safety; holds private bus owners must comply strictly with statutory rules under U.P. Motor Vehicles Rules
The Allahabad High Court has held that private bus operators must have a formal agreement with schools to obtain permits for transporting children.
The Court said arrangements only with guardians are not enough under law.
The ruling came in Sameer Agarwal v. State of U.P. & Ors., 2026 LiveLaw (AB) 244.
The petitioner sought a permit to transport school children.
He relied on agreements with guardians and an employer entity.
He argued that the law did not expressly prohibit such arrangements. Therefore, he submitted that the Court could recognise them.
The petitioner also argued that the Court could fill the legislative gap and allow private operators to ferry students.
The plea invoked Section 74 of the Motor Vehicles Act, 1988. It also relied on Rules 222-A, 222-B and 222-L of the U.P. Motor Vehicles Rules, 1998.
The main issue was whether authorities could grant a school bus permit only on the basis of agreements with guardians.
The Court also had to decide whether such a permit required a formal agreement with school authorities.
A Division Bench of Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary considered the issue.
The Bench said the safety of school children carries “paramount significance”.
It held that courts must interpret the statutory provisions with this principle in mind.
Referring to Rule 222-B of the U.P. Motor Vehicles Rules, 1998, the Court held that a school agreement is mandatory.
According to the Court, private bus operators cannot claim permits for transporting students without such an agreement.
The Court observed that school authorities carry the primary responsibility for the safety of children.
It said schools cannot shift this responsibility to individual guardians or private transport arrangements.
The Bench also noted that the Rules do not contemplate agreements between private bus operators and guardians.
Further, it found a “rationale nexus” in requiring school-level accountability for student safety.
The Court cautioned that allowing guardian-based arrangements would weaken statutory safeguards.
It also said such arrangements could compromise the welfare of school-going children.
Therefore, the Court rejected the petitioner’s argument that private agreements could replace a school-level agreement.
The Allahabad High Court dismissed the writ petition.
It held that compliance with Rule 222-B is mandatory.
The Court ruled that authorities cannot relax this requirement based on private arrangements with guardians.
It also held that private bus operators without a valid agreement with school authorities cannot obtain permits for transporting school children.
