As per the state transport department's circular, a literate applicant was required to read ten lines from a Marathi book and an illiterate applicant was required to answer ten questions relating to general knowledge and topography.
The Nagpur Bench of the Bombay High Court on April 26 stayed the transport commissioner's circular under which rickshaw permit lottery winners were being tested for their proficiency in Marathi language.
In its order, justices Vasanti Naik and VM Deshpande said that there was prima facie force in the petitioner's submission that once "drivers possess badges, the Regional Transport Authority is not entitled to test the knowledge of Marathi language specially to the extent to which it is sought to be tested by the circulars".
As per the state transport department's circular, a literate applicant was required to read ten lines from a Marathi book and an illiterate applicant was required to answer ten questions relating to general knowledge and topography.
The order by the bench 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 the need for a driver to read a passage from a Marathi book. The petition was field by Vilas Bhalekar of the Vidarbha Auto Rickshaw Chalak Federation.
The petitioner had based his argument on the fact that rickshaw drivers who possess badges under Rule 24 of the Motor Vehicles Rules 1989 did not need to undergo a test or examination of the Marathi language while applying for a contract carriage permit under Section 74 of the Motor Vehicles Act 1988.
Speaking to dna, petitioner Bhalekar said: "A permit is given to a driver who already has the licence and the badge. To get these it is verified that the driver has working knowledge of Marathi. So why subject him again to a test when he applies for a permit? We are happy with the honourable court's decision as it brings great relief to drivers."
The issue had become a major point of consternation among a large section of these drivers in Mumbai. Thampi Kurien of the Mumbai Rickshawmen's Union said: "It is a big relief. The RTO should be checking whether our rickshaws are in order, whether the driver has all the valid documents, whether he knows various routes. Why should it be testing our language. Any rickshaw driver in the city will ferry a passenger if he speaks in Marathi, Hindi, English Gujarati or just about most Indian languages."
Rickshaw numbers
Numbers of rickshaws earlier: 1,05,000
New permits of 2015-16 lottery: 20,931
New permits of 2014 lottery: 21,797
Total rickshaws on road now: 1,47,728
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