KOCHI: The Kerala High Court on Tuesday held the Kerala State Road Transport Corporation is bound to comply with the provision in the rules prohibiting standing passengers in luxury services — super deluxe services, super express and super fast buses — in the state. The court also made it clear the government can make proper modifications in the provisions if deemed necessary.
A Division Bench of the Kerala High Court issued the order on the petition filed by the Centre for Consumer Education seeking to quash the order revising the fares in super class services.
The petitioner also sought to declare the superclass services operated by KSRTC are complying with the provisions in the Kerala Motor Vehicle Rules.
The court observed KSRTC does not have a case that the rule permits them to have standing passengers in luxury services.
According to the petitioner, under the third provision to Rule 267 (2) of the Kerala Motor Vehicle Rules, no standing passengers shall be allowed in luxury services. The provision is applicable to fast passenger services as well. KSRTC is operating services permitting standing passengers.
The higher fare was allowed in these services when standing passengers prohibited from the services. The fares in super class services are revised without conducting any economic study as in the case of ordinary services, hence it is illegal. At the time of introducing the superclass services, the state had permitted the superclass service providers an extra fare compared to that of ordinary services to compensate the loss on account of prohibiting stage passengers.
In the subsequent fare revision, the fares were increased disproportionately without considering the fact that the superclass service providers are permitting standing passengers. This revision becomes a device for profit making for them, the petitioner submitted.
The petitioner pointed that a study found the cost of operation of fast passenger service is less than ordinary service, this was completely ignored. No economic study was conducted on the cost of operation of super class services. Hence, the revision of fare in super class services is without any materials and is liable to be set aside. While allowing revision, the additional amenities or facility or comfort to the passengers were not ensured.
KSRTC: Govt to file review petition
T’Puram: The state government will file a review petition before the High Court with regard to Tuesday’s court verdict preventing the KSRTC from allowing passengers to travel standing. Transport Minister A K Saseendran said a review petition will be filed in this regard. According to the court verdict, KSRTC should not take on passengers in excess of the number of seats.