Jayalakshmi Institute of v. The Government of India

O R D E R The petitioner has filed this writ petition seeking a declaration that paragraph 7(b)(ii) of the Notification of the 1st respondent in S.O.1178(E) dated 08.05.2009 published in the Extraordinary issue of Part II, Section 3, Sub-Section (ii) of the Gazette of India No.720 dated 08.05.2009 is applicable to all the "Educational Institution Buses" as defined in Section Page Nos.3/6 2(11) of the Motor Vehicles Act and not only for "School Buses".

¶2The petitioner contends that, under the said notification, toll fee concession has been extended to buses operated by schools. According to the petitioner, the buses operated by the petitioner college are also entitled to the same concession, but the benefit has been denied.

¶3The issue raised in the present writ petition is no longer res integra. An identical issue came up for consideration before a Division Bench of this Court in W.A.Nos.50 to 58 of 2013, by judgment dated

18.01.2024, wherein the Division Bench, while referring to its earlier decision in Mahendra College of Engineering, Attur Main Road, Minnampalli, Salem and another v. Government of India in W.A. No.560 of 2014 etc. batch, dated 25.04.2014, held that the notification grants a concession exclusively to school buses and that colleges cannot claim the benefit as a matter of right. The Division Bench further held that a school and a college are distinct institutions and, when the language of the notification is clear and unambiguous, the Court cannot enlarge its scope by interpretation. Page Nos.4/6

¶4In view of the authoritative pronouncement of the Division Bench, the relief sought by the petitioner cannot be granted. The issue stands concluded against the petitioner.

¶5Accordingly, the writ petition is dismissed. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs.

20.07.2026 Index : Yes / No Speaking / Non-speaking mk Page Nos.5/6 To

¶1The Government of India Represented by its Secretary Department of Road Transport and Highways Ministry of Shipping, Road Transport and Highways New Delhi.

¶2National Highways Authority of India Represented by its Chairman G 5 & 6, Sector-10 Dwarka, New Delhi – 110 075.

¶3The Project Director National Highways Authority of India 212-3/D3-1, Sri Nagar Colony Narasothipatti Salem – 636 004.

¶4M.V.R. Infrastructure and Tollways Pvt. Ltd., M.V.R. Toll Plaza Kottagoundampatty Omalur Taluk Salem District – 636 011. Page Nos.6/6 HEMANT CHANDANGOUDAR, J., mk

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Page Nos.1/6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.07.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and M.P.Nos.1 of 2013 Jayalakshmi Institute of Technology Represented by its Authorized Signatory Thoppur Dharmapuri District – 636 352. ... Petitioner vs. 1. The Government of India Represented by its Secretary Department of Road Transport and Highways Ministry of Shipping, Road Transport and Highways New Delhi. 2. National Highways Authority of India Represented by its Chairman G 5 & 6, Sector-10 Dwarka, New Delhi – 110 075. 3. The Project Director National Highways Authority of India 212-3/D3-1, Sri Nagar Colony Narasothipatti Salem – 636 004. Page Nos.2/6 4. M.V.R. Infrastructure and Tollways Pvt. Ltd., M.V.R. Toll Plaza Kottagoundampatty Omalur Taluk Salem District – 636 011. … Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Declaration, declaring that the benefit of paragraph 7(b)(ii) of the Notification of the 1st respondent in S.O.1178(E) dated 08.05.2009 published in the Extraordinary issue of Part II, Section 3, Sub-Section (ii) of the Gazette of India No.720 dated 08.05.2009 is available to all the "Educational Institution Buses" as defined in Section 2(11) of the Motor Vehicles Act and not only for "School Buses". For Petitioner : Mr.Muthumani Doraisami For Respondents : Mr.Su.Srinivasan, Standing Counsel, for R1 to R3 Mr.J.Kannan, for R4 *****