Back
2020 Supreme(Del) 207
IN THE HIGH COURT OF DELHI AT NEW DELHI
D.N. PATEL, C.HARI SHANKAR, JJ.
STA Operators Ekta Manch and Ors. - Petitioners
Versus
Government of NCT of Delhi and Ors. - Respondents
W.P.(C) 1782 of 2020 and CM No. 6193 of 2020
Decided On : 02-03-2020
Advocate Appeared:
For the Petitioner: Ms. Rani Chhabra, Adv.
For the Respondent: Mr. Ramesh Singh, Standing Counsel-GNCTD with Mr. Ishan Agrawal and Ms. Bhawna Kataria, Advs., Ms. Avnish Ahlawat, Standing Counsel with Mr. N.K. Singh and Mr. Himank Ahuja, Mr. Manashwy Jha for Mr. Manish Vashisht, Standing Counsel
The court upheld the validity of the notification allowing free travel for female passengers, citing Article 15 of the Constitution and the authority of the state to make policy decisions.
Headnote:
Writ Petition - Free Travel for Women Passengers - Road Transport Corporation Act, 1950, Section 45; Delhi Road Transport (Amendment) Act, 1971, Section 19 - Article 15 of the Constitution of India
Fact of the Case:
The petitioners challenged the notification allowing free travel for female passengers in DTC and cluster buses, citing financial loss and violation of Article 14 of the Constitution.
Finding of the Court:
The court found that the notification was valid, citing Article 15 of the Constitution, which allows for special provisions for women and children. It also upheld the authority of the respondent to enact the regulations and make policy decisions.
Issues: Violation of Article 14, Financial Loss to Petitioners
Ratio Decidendi: The court held that the notification did not violate the Constitution and was a valid policy decision by the state authorities.
Final Decision: The writ petition was dismissed, and no costs were awarded.
ORDER :
D.N. PATEL, J.
W.P.(C) 1782/2020
1. This writ petition has been preferred with the following prayers:
“a) to pass an order, direction and/or any other appropriate writ declaring the action of the respondents allowing free ride to the women passengers in DTC and Cluster Buses illegal, arbitrary unjustified Irrational and Is In violation of fundamental rights of the members of the petitioners Association guaranteed under Article 14 and 19 of the Constitution; and
(b) to pass an order, direction and/or any other appropriate writ In the nature of Prohibition prohibiting the respondents allowing free ride to the women passenger In DTC and Cluster Buses being plied In NCT of Delhi; and
(c) to pass an order/direction and/or any other writ In the nature of Certiorari quashing the Regulation/Notification Issued by respondents as Illegal beyond the powers conferred under State Road Transport Act; and
(d) pass such other or further order/s as Your Lordships may deem fit and proper In the facts and circumstances of the case.”
2. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that the respondent no.1 has issued a notification dated 28th October, 2019 in exercise of the powers conferred by Clause (d) of sub-section 2 of Section 45 and clause (d) of sub-section (1) of Section 19 of the Road Transport Corporation Act, 1950 to be read with Delhi Road Transport (Amendment) Act, 1971, whereby Delhi Transport Corporation (Free and Concessional Passes) Regulations, 1985 have been amended to the effect that after para (vi) of Serial No. 3 of Delhi Transport Corporation (Free and Concessional Passes) Regulations, 1985, the following have been inserted :
“(vii) Female passengers to travel free in DTC buses (both AC and Non-AC) by issuance of “Single Journey Free Travel Pass”. However, they will have the option to purchase ticket for the journey.”
3. This notification has been brought into force with effect from 29th October, 2019.
4. Learned counsel appearing for the petitioner submitted that because of the aforesaid notification and the amendment in the Regulations, 1985, the petitioners are losing their business and consequently facing financial loss. It is also submitted by learned counsel for the petitioners that such type of single journey free travel pass, only to the female passengers is also violative of Article 14 of the Constitution of India.
5. Learned counsel for the respondent no.1 placed before this court copies of decision no. 2738 dated 29th August, 2019, notification dated 4th September, 2019 alongwith a schedule, communication dated 13th September, 2019 issued by finance (Budget) Department, Government of NCT of Delhi, order dated 28th October, 2019 and 29th October, 2019, allowing free travel to female passengers in DTC as well as in cluster buses, the same are taken on record.
6. We are not in agreement with the arguments canvassed by learned counsel for the petitioners especially looking to Article 15 of the constitution of India. For ready reference, Article 15 of the Constitution of India reads as under :
“15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children
(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any spec
