Mumbai: The Bombay High Court on Wednesday held illegal and set aside a State government circular, which made Marathi mandatory for new autorickshaw permits.
A Division Bench of Justice Abhay Oka and Justice Anuja Prabhudessai was hearing petitions filed by Bhiwandi City Rickshaw-Taxi Chalak Malak Sanghatana. The organisation was aggrieved by the impugned circular issued by the Transport Department, which put up a condition that rickshaw drivers should have sufficient knowledge of the regional language before they are issued permits.
The petitioner told the court that the State can only impose the condition through a policy decision or by amending the law, and not by an executive letter. They said the permit holders do not usually drive the autorickshaws and therefore a language should not be imposed on them. The State said it only sought for the driver to know basic Marathi.
The court said the State government cannot introduce such conditions in a circular, and said a permit application cannot be disqualified if he does not know Marathi.
Grievance redressal
Earlier, the court had said Rule 24 of the Motor Vehicles Act, relied upon by the State government to make the language mandatory, does not apply to motorcabs and autorickshaw.
The court had asked the government to set up a grievances redressal mechanism in two months along with a WhatsApp contact number and an e-mail contact. The matter is adjourned till May 3, when the State government will file a reply on steps taken to ensure safety of passengers.
