Nagpur bench of the Bombay High Court had stayed a similar circular issued by the state transport department on April 26.
The Maharashtra Navnirman Sena's (MNS) renewed demand that taxi permits be given only to drivers fluent in Marathi might have come a little late in the day. The Nagpur bench of the Bombay High Court had already stayed a similar circular issued by the state transport department on April 26.
In its May 3 edition, dna had highlighted the stay on the circular, which stated that rickshaw permit lottery winners should be tested for their proficiency in the Marathi language. In its April 26 order, Nagpur bench – Justice Vasanti Naik and Justice VM Deshpande – had stated that there was prima facie force in the petitioner's submission that once the "drivers possess badges, the Regional Transport Authority (RTA) is not entitled to test the knowledge of Marathi language, especially to the extent to which it is sought to be tested by the circulars".
The order also stated that there was no justification as to why the knowledge of Marathi language was being tested by the RTA in the presence of press reporters as well as the need for a driver to read a passage from a Marathi book. The petition was filed by Vilas Bhalekar of the Vidarbha Auto Rickshaw Chalak Federation. Bhalekar had based his argument on the fact that rickshaw drivers who possessed badges under Rule 24 of the Motor Vehicles Rules-1989 did not need to undergo a test of the Marathi language while applying for a contract carriage permit under Section 74 of the Motor Vehicles Act-1988.
As per the state transport department's circular, a literate applicant was required to read 10 lines from a Marathi book and an illiterate applicant was required to answer 10 questions related to general knowledge and topography. Meanwhile, MNS chief Raj Thackeray had met chief minister Devendra Fadnavis on Wednesday and demanded that proficiency in Marathi language be one of the criteria for giving taxi permits.
The demand has once again invited the ire of union functionaries. Thampi Kurien of the Mumbai Rickshawmen's Union said, "When the High Court has settled the issue, why should any political party raise it? Where were these parties when the permit fees for rickshaws and taxis was raised from Rs 200 to Rs 16,000 and Rs 26,000, respectively? The important thing is that rickshaw and taxi drivers must know the rules and be polite to customers. That is more important than the language they speak."
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