Patna High Court stays ban on diesel school buses in Patna

By Alok Mohit

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

Justice A Abhishek Reddy passed 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 February 23, 2024, had imposed an “unreasonable ban” on all diesel school buses without considering the ground realities.

In the wake of deteriorating air quality in Bihar’s capital, the state capital has directed the schools to do away with diesel-run buses or mini-buses and replace them with vehicles operating on compressed natural gas (CNG). The diesel-run school buses will terminate services from September 1.

The notification mandated the conversion of all diesel school buses to compressed natural gas (CNG) and prohibited their operation throughout the Patna Municipal Corporation (PMC) area and the adjoining Danapur, Khagaul and Phulwari Sharif Nagar Parishad until the conversion was complete, they said.

The petitioners contended that this directive was issued without any consideration of the age of the buses, and even new buses were included in the ban. They pointed out the lack of authorised CNG conversion facilities in the city, leaving bus owners to rely on local mechanics, which could result in safety risks and potential mishaps, endangering the lives of school children.

The petitioners also said that there were insufficient number of CNG filling stations in Patna. “With only 17 CNG stations available for approximately 1,800 to 2,000 school buses, long wait times are expected, which would severely disrupt the transportation of students, particularly with mid-term examinations scheduled for the second week of September,” they said.

After hearing the arguments, Justice Reddy recognised that the petitioners had made out a prima facie case for grant of interim order. The court, accordingly issued an interim direction to the authorities not to give effect to the impugned notification until the next hearing date, scheduled for October 7, 2024. “They (authorities) shall permit the diesel school buses to run without causing any impediment,” it added.

The court further instructed the petitioners to provide a list of schools that were members of the association within two weeks.