JUDGMENT

Raghvendra Singh Chauhan, J. - Rapolu Bhasker, a practicing Advocate, who claims to he a social worker, has filed the present Public Interest Litigation for challenging the omission on the part of the State in not providing ration and financial assistance up to Rs.15,000/- to the private drivers in the State of Telangana.

2. Briefly, the facts of the case are that the petitioner claims that with the unprecedented spread of Coronavirus/Covid-19, there has been a perpetual lockdown in the State from 24.03.2020. Due to the prolonged lockdown, the Cab drivers have not been able to drive their taxies. They have lost their jobs as taxi drivers. Thus, they are unable to feed their families, to pay their bills, and to meet their financial requirements. Hence, day-by-day their condition is becoming pitiable. Due to their critical economic conditions, about 8,00,000 Cab drivers in the State are facing a very bleak present, and a very dark future. Moreover, about 3,50,000 drivers had purchased cars, after taking loans both from banks, and from financial institutes on EMI basis. But, due to their financial crises, they are unable to pay the bank loans. Hence, they are being harassed by the banks/financial institutions. Furthermore, about 50,000 drivers engaged with platform taxi companies, such as Uber and Ola, can no longer ply the Uber/Ola taxies. Thus, even these companies have stopped paying any amount to the drivers. Hence, even these drivers are struggling with financial crises. Lastly, according to the petitioner, it is the foremost duty of the State to rush to the rescue of the people. However, the State is not providing any funds to the Cab drivers. Moreover, the Government is not looking after the daily needs of this segment of the population. Hence, the prayers before this Court.

3. Mr. M. Rangaiah, the learned counsel or the petitioner, has reiterated the factual position before this court. He further submits that both under Article 21 and under Articles 38 and 43 of the Constitution of India, the State is duty bound not only to ameliorate the living conditions of the people, but also to improve the same. However, the State is singularly failing to carry out its Constitutional duties. Therefore, the learned counsel pleads that a writ of mandamus should be issued to the Sate directing the State to create a separate fund for the Cab drivers. Through this special fund, the State should provide ration, and financial assistance to the tune of Rs.15,000/- per month to the Cab drivers residing in the State.

4. On the other hand, Mr. B.S. Prasad, the learned Advocate General, submits that the State is well aware of its Constitutional duties towards its people. Keeping in mind the plight of the people, the State is distributing 12 kgs of rice to every member of the family, who is a Food Security Card Holder, or who is below the poverty line. The State is also looking after the medical needs of the people under the Arogya Yojana Scheme and is providing free check-up and treatment to Covid-19 positive patients. Furthermore, in order to take care of the rural population, the State has also floated a large number of schemes for the rural people. Lastly, the duties imposed upon the State under Part-IV of the Constitution of India can be carried out by the State depending on its financial capacities. Therefore, it is for the State to create a policy while dealing with a specific issue which will impose a burden on the State exchequer. Since it is a policy decision, which needs to be taken by the State, the power of judicial review cannot be exercised to direct the State to create a particular policy. Therefore, the learned Advocate General submits that the present writ petition is highly misplaced.

5. Heard the learned counsel for the parties.

6. It is, indeed, a settled position of law that the Constitutional Court, under its writ jurisdiction, cannot direct the Executive to create a particular policy, especially a policy which woul