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2022 Supreme(HP) 796
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, VIRENDER SINGH, JJ.
Ramesh Kamal - Petitioner
Versus
State of H.P. and Anr. - Respondents
CWP No. 4154 of 2022
Decided On : 16-12-2022
For the Petitioner:Mr. Ajay Sharma, Senior Advocate with Mr. Athrav Sharma.
For the Respondents: Mr. Ashok Sharma, A.G. with Mr. Rajinder Dogra, Sr. Addl. A.G., Mr. Shiv Pal Manhans, Mr. Vinod Thakur, Addl.A.Gs. Mr. Bhupinder Thakur, Dy. A.G. & Mr. Rajat Chauhan, Law Officer, Mr. Shyam Singh Chauhan.
Point of Law: Article 15 of Constitution of India reads as prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Headnote:
Motor Vehicles Act, 1988 - Section 67 (1) - Road Transport Corporation Act, 1950 - Section 34, 45 - Constitution of India, 1950 - Article 14, 29( 2 ), 162, 15, (3), (4), 16(2) - Government of National Capital Territory of Delhi Act, 1991 - Section 28, 29 - Buses - Concessional Fares to Female - Himachal Road Transport Corporation with regard to approval of government to allow 50% concession to women passengers in fare in HRTC ordinary buses for Intra-State routes - Petitioner, who is a private transport operator, aggrieved by aforesaid communication/notification of State, has filed instant petition – According to respondents-State, mobility has always been an important factor for socio-economic development access to safe, cheap and reliable mode of travel, which is essential for women to engage in any economic activity - Para 35.
Finding of the Court:
Scheme for free bus ride or concessional fares to female and children is not new in country - Such scheme, as noticed above, was launched by government of Delhi, sponsoring female passengers to travel free in DTC buses (both AC and Non-AC) by issuance of single journey free travel pass – Court can also foresee some of benefits can be achieved from introduction of scheme - It is well known that girls, more especially in rural areas, drop out schools because their parents are not in a position to incur expense of their seats and, therefore, even if a small portion of budget of running families is cut down, that can allow these girls to study, pursue their career or travel for their needs, hence financial burden will not hinder their growth in social inclusion with better opportunities and education while ensuring empowerment of women in society; better safety of women with more female riders because free tickets are bound to lead more female passengers travelling in public transports and this in turn would create an atmosphere of safety, security amongst women travellers; availability of medical assistance and care because of concessional fare women now would be in a position to travel to places where there are better medical facilities - In view of aforesaid discussions, Court find no merit in instant petition.
Result: Petition dismissed.
JUDGMENT :
Tarlok Singh Chauhan, J.
On 7.6.2022, the Principal Secretary (Transport) to the Government of Himachal Pradesh addressed a communication to the Managing Director, Himachal Road Transport Corporation (HRTC), Shimla with regard to approval of the government to allow 50% concession to women passengers in fare in HRTC ordinary buses w.e.f. 1.7.2022 for Intra-State routes with certain conditions, text whereof reads as under:-
“I am directed to refer to your letter(s) No. HO:5(CP)/18/2014-Concessional Facility to Various Category-Vol-II dated 23-04-2022, 12-05-2022 and 21-05-2022 on the subject cited above and to convey the approval of the Government to allow 50% concession to women passengers in fare in HRTC ordinary buses w.e.f 1.7.2022 for Intra-State routes, subject to following:-
1. That 50% concession in Himachal Pradesh area fare to women passengers would be admissible in HRTC ordinary Intra-State buses only. Also this concession will not be applicable for Inter-State buses. Intra-State bus routes means, the buses plying on the routes which originates and terminates in Himachal Pradesh without covering other State areas.
2. That the said concession will not be admissible in buses plying on Inter-State routes.
3. That no other concession will be admissible to women passengers availing, 50% discount-in fare. You are, therefore requested to take further necessary action in the matter accordingly, under intimation to this department.”
2. The petitioner, who is a private transport operator, aggrieved by the aforesaid communication/notification of the State, has filed the instant petition for grant of the following substantive reliefs :
(a) That impugned letter dated 07.06.2022, Annexure P-5, issued by respondents may very kindly be quashed and set aside with directions to the respondents not go create a class out of similarly situated persons' class;
(b) That respondent-HRTC may very kindly be directed to come with fair offer of paying SRT having not been paid since 2012 onwards and in the event of failure, directions may kindly be given to the authorities in whom powers are vested as per provisions of the Act and Rules, to impound their buses for non-payment of SRT as is being done with respect to the buses of the members of the petitioner Sangh;
(c) That impugned act of the respondent-HRTC in issuing letter dated 14.01.2016 by overstepping the jurisdiction vested in them in charging additional money per ticket from passengers contrary to the provisions of the motor Vehicles Act may very kindly be quashed and set aside and so also the letter dated 14.01.2016 and respondent-HRTC may kindly be burdened with special costs for issuing letter dated 14.01.2016 contrary to the powers vested in them;
(d) That impugned act of the respondents in issuing promotional schemes of Green Cards, Smart Cards and Sammaan Cards etc. etc. may very kindly be quashed and set aside with directions to the respondents to immediately and forthwith to withdraw the same being contrary to the provisions of the Act and Rules and so also the judgment passed by this Court.”
3. Before proceeding any further, it needs to be noticed that the instant petition was initially filed on behalf of Himachal Niji Bus Operators’ Sangh and after hearing arguments, the judgment was reserved on 1.9.2022, however while dictating the judgment, particulars of the petitioner and its locus standi was found to be more than wanting and, therefore, the matter was listed for re-hearing.
4. It was then on 9.11.2022 that the learned counsel for the petitioner stated that the instant petition be treated as the one filed on behalf of Ramesh Kamal, who himself is a transporter and not on behalf of Himachal Niji Bus Operators’ Sangh, hence, the change in the cause title.
5. It is averred that the State Government vide notification dated 22.7.2020 issued directions to the State Transport Authority under sub-section (1) of Section 67 of the Motor Vehicles Act, regarding fixation of fare rates of
