Marathi not a compulsion to obtain auto permit, says Bombay High Court
On Tuesday, the court had questioned the circular by saying that the state should be more concerned about the lack of safety for auto commuters, rather than imposing conditions on drivers.
Holding it illegal, the Bombay High Court on Tuesday set aside a circular issued by the State Transport Department making it mandatory for auto drivers to know Marathi language for securing permits for autos.
A division bench of Justice Abhay Oka and Justice Anuja Prabhudessai held the circular as being issued without any support from the Motor Vehicle Act or any other statutory rules. Accordingly, it said that those drivers who have applied for permits will not be held ineligible for not knowing Marathi language.
It also directed the government to set up a grievance redressal mechanism for auto commuters — within two months — who have been facing harrowing experience, be it of fare refusal or that of unruly drivers. The court also asked the government to set up a kind of mechanism that allows commuters to complain either through WhatsApp or emails. With the help of this, local police stations can also help commuters with the complaints in a short time.
On Tuesday, the court had questioned the circular by saying that the state should be more concerned about the lack of safety for auto commuters, rather than imposing conditions on drivers.
The directions were given while disposing of a petition filed by the Mira-Bhayander Auto Rickshaw Chalak Sangathan challenging the circular issued by the government to RTOs in 2016.
As per the circular dated November 1, 2016, permits for new auto rickshaws will be given only to those applicants who can speak Marathi. Exception will be to those who already have valid permits. The condition was imposed under the Maharashtra Motor Vehicles Rules. The bench has earlier said that rules under the Motor Vehicle Act also imposes several other conditions.