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2023 Supreme(Del) 4940

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Chaalak Shakti & Ors – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates appeared:
Mr. Aman Agarwal, Mr. Madhav Bhatia, Advocates, for the Petitioners.
Mr. Santosh Kumar Tripathi, Standing Counsel with Mr. Arun Panwar, Mr. Pradyumn Rao, Ms. Mehak Rankawat, Mr. Karthik Sharma, Advocates and ASI Kanwar Singh, Pairvi Officer, Traffic Police.
Mr. T.P. Singh, Senior Central Govt. Counsel, for the Respondent-2/UOI.

JUDGMENT

1. The Petitioners have filed the instant writ petition stating that the drivers of auto rickshaws and taxis are being prosecuted and heavily challaned for not wearing uniforms when there is no clarity on the colour of uniform, specification of fabric, design and the nature of fabric to be used by the drivers.

2. Petitioner No.1, Chaalak Shakti, which claims to be a trade union of drivers, is a society registered under the Societies Registration Act, 1860. The Petitioners have filed the instant writ petition with the following prayers:

    "1) Strike down Rule 7 of Delhi Motor Vehicles Rules, 1993.

    2) Strike down permit conditions as notified vide S.O. 415(E) dated 8-6-1989 issued under section 88(11)(ii) of the Motor Vehicles Act, 1988.

    3) Quash any condition of any permit issued by respondent no. 1 in relation of uniform required to be worn by the drivers of transport vehicles.

    4) Direct the respondents to pay legal costs to the petitioners. "

3. It is stated by the Petitioners that Respondent No.1 has brought out the Delhi Motor Vehicle Rules, 1993 (hereinafter referred to as `the DMV Rules') and Rule 7 of the DMV Rules prescribes that the driver of a public service vehicle

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