Kerala HC upholds govt's actions against Robin bus, dismisses owner’s legal plea

The Kerala High Court has dismissed a petition from the owner of the Robin bus, who challenged actions of Kerala government against the bus service. The court agreed with the Kerala State Road Transport Corporation (KSRTC) that the Robin bus was breaking the law. It was clarified that Contract Carriage buses, like the Robin Bus, are not allowed to pick up and drop off passengers as Stage Carriages do.

Dispute over All India permit

The Robin bus owner argued that their operations were allowed under the All India Tourist Permit (AITP) rules, which they believed permitted the bus to pick up and drop off passengers at will. The bus had been running on the Pathanamthitta-Coimbatore route. However, the government and the Motor Vehicles Department had previously pointed out that the bus was violating permit conditions. As a result, the bus was fined and seized.

The Robin bus owner took the issue to court, challenging the fine and seizure. KSRTC joined the case.

Difference Between Contract and Stage Carriages

It’s important to understand the difference between Contract and Stage Carriages. Contract Carriages, like the Robin Bus, are used for pre-arranged services and cannot pick up or drop off passengers at random. On the other hand, Stage Carriages, such as private and KSRTC buses, have fixed fares set by the state and must provide discounts to students. This difference is key to the current dispute.

What AITP rules say

The All India Tourist Vehicles (Permit) Rules, 2023, introduced by the Union Ministry of Road Transport and Highways, aim to make interstate travel smoother and address differences in tax rates between states. These rules allow AITP vehicles to transport passengers with their luggage if they have a valid contract. The permit must be displayed in white letters on a blue background on the vehicle's rear and left side. However, AITP holders are exempt from some rules in the Central Motor Vehicles Rules, 1989, including operating as a Stage Carriage. The Union Government earlier told the Kerala High Court that the permit issued under the All India Tourist Vehicles (Permit) Rules 2023 is a contract carriage permit.